Ricky Hundley v. Frank Bisignano, Commissioner of Social Security

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

RICKY HUNDLEY, Plaintiff, v. CIVIL ACTION NO. 2:25-cv-00336

FRANK BISIGNANO Commissioner of Social Security, Defendant.

MEMORANDUM OPINION AND ORDER This action was referred to United States Magistrate Judge Dwane L Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On May 19, 2026, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 17] (“PF&R”) and recommended that the court grant Plaintiff’s motion to the extent it requests remand of the Commissioner’s decision, [ECF No. 4]; deny the Commissioner’s request to affirm the decision, [ECF No. 12]; reverse and remand the decision of the Commissioner; and dismiss and remove the case from the docket. Neither party filed objections to the PF&R nor sought an extension of time, and the electronic submission of objections deadline lapsed June 2, 2026.

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 vy. 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. Accordingly, the court GRANTS Plaintiff's motion to the extent it requests remand of the Commissioner’s decision, [ECF No. 4]; DENIES the Commissioner’s request to affirm the decision, [ECF No. 12]; REVERSES and REMANDS the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g); and DISMISSES the case from the docket.

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

ENTER: June 5, 2026 Ie G 6G pe STATES DISTRICT JUDGE