IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

SHEILA CLINE GIBSON,

Plaintiff,

v. CIVIL CASE NO. 1:17-03699

NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration,

Defendant.

MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendations regarding disposition, pursuant to

(b)(1)(B). Magistrate Judge Eifert submitted her Proposed Findings and Recommendation (“PF&R”) to the court on July 27, 2018, in which she recommended that the district court remand this matter to the Commissioner of the Social Security Administration. Specifically, Magistrate Judge Eifert concluded that the decision 1) failed to fully consider plaintiff’s functional limitations arising from her headaches and 2) did not analyze or explain its conclusions related to plaintiff’s narcolepsy and her need to sleep during the day. ECF No. 11. In accordance with the provisions of

(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to the magistrate judge’s PF&R. The failure of any party to file such objections

constitutes a waiver of such party’s right to a de novo review by this court. See Snyder v. Ridenour,

(4th Cir. 1989). Neither party has filed any objections to the PF&R within the seventeen-day period. Accordingly, the court adopts the factual and legal analysis contained therein, as follows: 1. The court GRANTS plaintiff’s request for judgment on the pleadings to the extent that she requests remand of the Commissioner’s decision, (ECF No. 9); 2. The court DENIES defendant’s request to affirm the decision of the Commissioner, (ECF No. 10); 3. The court REVERSES the final decision of the Commissioner

and REMANDS this action for further proceedings pursuant to sentence four of

(g); and 4. The court DIRECTS the Clerk to dismiss this matter from the court’s docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to all counsel of record. It is SO ORDERED this 6th day of September, 2018. ENTER :

David A. Faber Senior United States District Judge