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