Hinchey v. Barnhart

5:06-cv-00047 | W.D. Va. | Apr 25, 2007

CLERK’S OFFlCE U.S. D|ST. COURT AT ROANOKE, VA F D IN THE UNITEI) STATES DISTRICT CoURT iApRl g 5 2907 FOR THE WESTERN DISTRICT OF VIRGINIA . con , LERK HARRIsoNBURG DIvIsIoN §$YW DEPUTY K MELISSA HINCHEY ) ) Plaintiff, ) Civil Action No. 5:06CV00047 ) v. ) FINAL ORDER ) JO ANNE B. BARNHART, ) By: Samuel G. Wilson Commissioner of Social Security, ) United States District Judge ) Defendant. ) This case was referred pursuant to 28 U.S.C. § 636(b)(l)(B) to the Honorable Jarnes G. Welsh, United States Magistrate Judge. The Magistrate Judge has filed a report recommending that an order be entered denying the defendant’s motion to dismiss, vacating the final decision, and remanding the case to the Commissioner for further proceedings With the parties to have the opportunity to introduce such additional evidence as they may desire. Objections to the report and recommendation have not been filed, and the court, upon review of the record, is of the opinion that the report should be adopted. It is accordingly, ORDERED and ADJUDGED that the defendant’s motion to dismiss is DENIED, the final decision is VACATED, the case is REMANDED to the Commissioner for further proceedings, and this case is ORDERED stricken from the docket of the court. ENTER: ThisAprii 2 33in ,2007. UNITEB/STATES DISTRICT JUDGE Case 5:06-cV-OOO47-SGW-.]GW Document 22 Filed 04/25/07 Page 1 of 1 Pageid#: 83