Opinion
CIVIL ACTION NO. 2:15-CV-76
12-05-2016
MATTHEW TODD STUMP, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant.
(BAILEY)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Michael J. Aloi [Doc. 12]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Aloi for submission of a proposed Report and Recommendation ("R&R"). Magistrate Judge Aloi filed his R&R on November 16, 2016, wherein he recommends this Court deny Commissioner Carolyn W. Colvin's ("the Commissioner") Motion for Summary Judgment [Doc. 9], and that plaintiff Matthew Todd Stump's ("Stump") Motion for Summary Judgment [Doc. 7] be granted, and that this matter should be remanded to the Commissioner for further action in accordance with the R&R.
Pursuant to 28 U.S.C. § 636 (b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn , 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Aloi's R&R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that the R&R was electronically mailed to all counsel of record on November 16, 2016, and that service was accepted the same day [Doc. 12]. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 12] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report.
Accordingly, this Court ORDERS that the Commissioner's Motion for Summary Judgment [Doc. 9] is DENIED, and that Plaintiff Stump's Motion for Summary Judgment [Doc. 7] is GRANTED. This matter is REMANDED to the Commissioner for further action in accordance with the R&R.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: December 5, 2016.
/s/_________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE