Opinion
CIVIL ACTION NO. 1:13CV211
05-29-2014
JAMES LEE STULL, 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 September 18, 2013, 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 April 21, 2014, Magistrate Judge Kaull filed his Report and Recommendation ("R&R") (dkt. no. 14), 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 directed 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 have not filed any objections and the time in which to do so has expired.
Upon consideration of Magistrate Judge Kaull's recommendation and having received no written objections, the Court accepts and approves the R&R and ORDERS that this civil action be disposed of in accordance with the recommendation of the magistrate judge. Accordingly, the Court
The parties' failure to object to the Report and Recommendation not only waives their 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 (4
1. DENIES the Commissioner's motion for Summary Judgment (dkt. no. 11);
2. GRANTS IN PART the plaintiff's motion for Summary Judgment (dkt. no.9);
3. REMANDS this action to the Commissioner for further consideration in accordance with the recommendation contained in the R&R; and
4. DISMISSES WITH PREJUDICE and RETIRES this civil action from the docket of this Court.
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. 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.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
th Cir. 1997); Thomas v. Arn,474 U.S. 140,148-153 (1985).