Opinion
CIVIL ACTION NO. 1:12CV37
02-13-2013
GLEN AARON MILLER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY. Defendant.
(Judge Keeley)
ORDER ADOPTING MAGISTRATE JUDGE'S
OPINION/REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on March 5, 2012, the Court referred this Social Security action to United States Magistrate Judge John S. Kaull with directions to submit proposed findings of fact and a recommendation for disposition.
On January 16, 2013, Magistrate Judge Kaull filed his Report and Recommendation ("R&R"), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file with the Clerk of Court any written objections within fourteen (14) days after being served with a copy of the R&R. He further advised the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. The parties did not file any objections.
Upon consideration of Magistrate Judge Kaull's recommendation and having received no written objections, the Court ACCEPTS the Report and Recommendation in whole and ORDERS this civil action disposed of in accordance with the recommendation of the magistrate judge. Accordingly,
The failure of the parties to object to the Report and Recommendation not only waives her appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4th Cir. 1997); Thomas v. Arn, 474 U.S. 140,148-153 (1985).
1. The plaintiff's motion for Summary Judgment (Docket No. 13) is GRANTED-IN-PART;
2. The defendant's motion for Summary Judgment (Docket No. 14) is DENIED;
3. The plaintiff's claim is REMANDED to the Commissioner for further consideration pursuant to the recommendations contained in the Report and Recommendation; and
4. This civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court.
The Clerk of Court is directed to enter a separate judgment order. Fed.R.Civ.P. 58. If a petition for fees pursuant to the Equal Access to Justice Act (EAJA) is contemplated, the plaintiff is warned that, as announced in Shalala v. Schaefer, 113 S.Ct. 2625 (1993), the time for such a petition expires ninety days thereafter.
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE