Mclevis v. Colvin

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION.(Written Opinion) 1. Magistrate Judge Hildy Bowbeer's July 10, 2015 Report and Recommendation (Doc. No. 23 ) is ADOPTED. 2. Plaintiff Shawn Patrick Mclevis's Motion for Summary Judgment (Doc. No. [1 5]) is GRANTED IN PART and DENIED IN PART, as set forth fully in the Magistrate Judge's Report and Recommendation. 3. Defendant Commissioner's Motion for Summary Judgment (Doc. No. 19 ) is GRANTED IN PART and DENIED IN PART, as set forth f ully in the Magistrate Judge's Report and Recommendation. 4. The decision of the Commissioner is REVERSED, and the case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report and Recommendation. Signed by Judge Donovan W. Frank on 8/12/2015. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Shawn Patrick Mclevis,

Civil No. 14-1426 (DWF/HB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Hildy Bowbeer dated July 10, 2015. (Doc. No. 23.)
The factual background for the above-entitled matter is clearly and precisely set forth in
the Report and Recommendation and is incorporated by reference. No objections have
been filed to that Report and Recommendation in the time period permitted. Rather,
both Plaintiff and Defendant have filed Non-Objection Responses to the Report and
Recommendation. (Doc. Nos. 24 & 25.)
Based upon the Report and Recommendation of the Magistrate Judge and upon all
of the files, records, and proceedings herein, the Court now makes and enters the
following:
ORDER
1.

Magistrate Judge Hildy Bowbeer’s July 10, 2015 Report and

Recommendation (Doc. No. [23]) is ADOPTED.

2.

Plaintiff Shawn Patrick Mclevis’s Motion for Summary Judgment (Doc.

No. [15]) is GRANTED IN PART and DENIED IN PART, as set forth fully in the
Magistrate Judge’s Report and Recommendation.
3.

Defendant Commissioner’s Motion for Summary Judgment (Doc. No. [19])

is GRANTED IN PART and DENIED IN PART, as set forth fully in the Magistrate
Judge’s Report and Recommendation.
4.

The decision of the Commissioner is REVERSED, and the case is

REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings
consistent with the Magistrate Judge’s Report and Recommendation.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 12, 2015

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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