Hardisty v. Colvin

Filing 22

ORDERED that the Magistrate Judge's Report and Recommendation (ECF No. 19 ) is ADOPTED AND ACCEPTED, and Plaintiff's Motion for Judgment on the Pleadings (ECF No. 13 ) is GRANTED. FURTHER ORDERED that Defendant's Cross-Motion to Affirm (ECF No. 17 ) is DENIED. FURTHER ORDERED that this matter is REMANDED to the ALJ for calculation and award of benefits. FURTHER ORDERED that the Clerk of the Court shall enter judgment in this matter. Signed by Judge Larry R. Hicks on 9/12/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARRISON HARDISTY,

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***
Case No. 3:15-cv-00265-LRH-WGC
Plaintiff,
ORDER

v.
CAROLN W. COLVIN,
Acting Commissioner of
Social Security Administration,
Defendant.

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge

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William G. Cobb (ECF No. 19) entered on June 22, 2016, recommending granting

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Plaintiff’s Motion for Judgment on the Pleadings (ECF No. 13) filed on October 16,

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2015, and denying Defendant’s Cross-Motion to Affirm and Opposition to Plaintiff’s

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Motion to Remand (ECF No. 17) entered on December 16, 2015.

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Defendant filed Objections to Report and Recommendation (ECF No. 20) on

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July 8, 2016. Plaintiff filed a Response to Defendant’s Objections to the Magistrate

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Judge’s Report and Recommendation (ECF No. 21) on July 22, 2016.

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The action was referred to the Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States

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District Court for the District of Nevada.

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The Court has conducted its de novo review in this case, has fully considered the

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objections of defendant, the response of plaintiff, the pleadings and memoranda of the
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parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and

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Recommendation (ECF No. 19) entered on June 22, 2016, should be adopted and

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accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and

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Recommendation (ECF No. 19) entered on June 22, 2016, is ADOPTED AND

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ACCEPTED, and Plaintiff’s Motion for Judgment on the Pleadings (ECF No. 13) is

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GRANTED.

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IT IS FURTHER ORDERED that Defendant’s Cross-Motion to Affirm (ECF
No. 17) is DENIED.
IT IS FURTHER ORDERED that this matter is REMANDED to the ALJ for
calculation and award of benefits.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in
this matter.

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IT IS SO ORDERED.

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DATED this 12th day of September, 2016.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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