Lipps v. Bisignano
Lipps v. Bisignano
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
WILLIAM C. L.,
Plaintiff,
v. CIVIL ACTION NO. 2:25-cv-00115
FRANK BISIGNANO Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to United States Magistrate Judge Omar Aboulhosn for submission of proposed findings of fact and recommendations for disposition pursuant to
28 U.S.C. § 636. On August 12, 2025, Magistrate Judge Aboulhosn submitted his Proposed Findings & Recommendations [ECF No. 12] (“PF&R”) and recommended that the court GRANT Plaintiff’s request for remand, DENY the Commissioner’s request to affirm the decision of the Commissioner, and REVERSE the final decision of the Commissioner. Neither party timely filed objections to the PF&R nor sought an extension of time. 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 adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court GRANTS Plaintiffs request for remand, DENIES the Commissioner’s request to affirm the decision, and REVERSES the final decision. This matter is REMANDED back to the Commissioner. The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented party and REMAND this matter back to the Commissioner pursuant to the fourth sentence of
42 U.S.C. § 405(g) for further administrative proceedings consistent with the Proposed Findings and Recommendation.
ENTER: September 30, 2025
pe STATES DISTRICT JUDGE
Reference
- Status
- Unknown