Baisden v. O'Malley

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

JENNIFER RACHEL BAISDEN, Plaintiff, v. CIVIL ACTION NO. 2:23-cv-00503 MARTIN J. O’MALLEY, Commissioner of Social Security, Defendant.

ORDER This action was referred to United States Magistrate Judge Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On August 27, 2024, Judge Tinsley submitted his Proposed Findings & Recommendations (“PF&R”), [ECF No. 10], and recommended that the court (1) grant Plaintiff’s request to reverse the Commissioner’s decision, (2) deny the Commissioner’s request to affirm his decision, (3) reverse the final decision of the Commissioner, and (4) remand for further administrative proceedings. At the latest, objections to the PF&R were due by September 13, 2024, but neither party filed any objections.

A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, 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).

Because the parties have not filed objections in this case, the court accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court GRANTS Plaintiff's request to reverse the Commissioner’s decision, [ECF No. 7]; DENIES the Commissioner’s request to affirm his decision, [ECF No. 8]; REVERSES the final decision of the Commissioner, and REMANDS the matter pursuant to sentence four of 42 U.S.C. § 405(g) (‘The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”).

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: September 19, 2024 pe G ow STATES DISTRICT JUDGE