Williams v. Colvin

Filing 25

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. The Commissioner of Social Security's decision is reversed and this matter remanded pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with Judge Lynch's Findings and Recommendations. Signed by Judge Dana L. Christensen on 11/28/2017. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

DONNA LEE WILLIAMS,

FILE
NOV 2 8 2017
Di ' . . o·
latrict c
strict Of M
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Missau1a na

Clerk US

CV 16-143-M-DLC-JCL

Plaintiff,
ORDER
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on September 28, 201 7, recommending that the
Commissioner of Social Security's decision be reversed and this matter remanded
pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. (Doc. 24
at 20.) Defendant Nancy A. Berryhill, Acting Commissioner of Social Security,
failed to timely object to the Findings and Recommendations, and so has waived
the right to de novo review thereof. 28 U.S.C. § 636(b)(l)(C). This Court reviews
for clear error those findings and recommendations to which no party objects. See

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the
Court is left with a "definite and firm conviction that a mistake has been
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committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations
omitted).
After reviewing the record and finding no clear error,
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
24) are ADOPTED IN FULL. The Commissioner of Social Security's decision is
reversed and this matter remanded pursuant to 42 U.S.C. § 405(g) for further
proceedings consistent with Judge Lynch's Findings and Recommendations (Doc.
24).
DATED this U+kday of November,

Dana L. Christensen, Chief Judge
United States District Court

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