Gardner v. Commissioner of Social Security

Filing 26

ORDER granting 23 Motion to Remand to Social Security; Adopting Report and Recommendations - re 24 Report and Recommendations. The Commissioner's final decision in this case is REVERSED and REMANDED for further proceedings consistent with the motion. The Clerk is directed to enter judgment accordingly and close this case. Signed by Judge Carlos E. Mendoza on 12/19/2016. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION BRIAN CHRISTOPHER GARDNER, Plaintiff, v. Case No: 6:16-cv-684-Orl-41DCI COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER THIS CAUSE is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. 23). United States Magistrate Judge Daniel Irick submitted a Report and Recommendation, which recommends that the motion be granted, the final decision of the Commissioner of Social Security be reversed, and this case be remanded for further proceedings. (“R&R,” Doc. 24, at 2). Judge Irick also recommends that the Clerk be directed to enter judgment accordingly. (Id.). After a de novo review of the record in this matter and noting the parties’ joint notice of non-objection, (Resp. to R&R, Doc. 25), the Court agrees entirely with the analysis set forth in the R&R. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 24) is ADOPTED and CONFIRMED and made a part of this Order. 2. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. 23) is GRANTED. Page 1 of 2 3. The Commissioner’s final decision in this case is REVERSED and REMANDED for further proceedings consistent with the motion. 4. The Clerk is directed to enter judgment accordingly and close this case. DONE and ORDERED in Orlando, Florida on December 19, 2016. Copies furnished to: Counsel of Record Page 2 of 2

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