Lindrum v. Colvin

Filing 26

ORDERED that the Report and Recommendation (ECF No. 22 ) is adopted and accepted, and plaintiff's motion for reversal or remand (ECF No. 9 ) is GRANTED in part and this matter is REMANDED for further development consistent wi th the Report and Recommendation (ECF No. 22 ). IT IS FURTHER ORDERED that defendant's cross-motion to affirm (ECF No. 19 ) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in this matter. Signed by Judge Larry R. Hicks on 2/15/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 *** Case No. 3:16-cv-00230-LRH-WGC Plaintiff, ORDER SCOTT AARON LINDRUM, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 13 14 15 Before this Court is the Report and Recommendation of U.S. Magistrate Judge 16 William G. Cobb (ECF No. 22) entered on January 20, 2017, recommending granting in 17 part plaintiff’s motion for reversal or remand (ECF No. 9) entered on August 7, 2016, 18 and denying defendant’s cross-motion to affirm (ECF No. 19) entered on November 29, 19 2016. On February 3, 2017, defendant filed its Objections to the Magistrate Judge’s 20 Report and Recommendations (ECF No. 23) and on February 7, 2017, plaintiff filed his 21 Response to Defendant’s Objections to the U.S. Magistrate Judge’s Report and 22 Recommendations (ECF No. 24). 23 The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 24 636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States District 25 Court for the District of Nevada. 26 27 The Court has conducted its de novo review in this case, has fully considered defendant’s objections, the response of plaintiff, and the pleadings and memoranda of 28 1 1 the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) 2 and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and 3 Recommendation (ECF No. 22) entered on January 20, 2017, should be adopted and 4 accepted. 5 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 6 Recommendation (ECF No. 22) entered on January 20, 2017, is adopted and accepted, 7 and plaintiff’s motion for reversal or remand (ECF No. 9) is GRANTED in part and this 8 matter is REMANDED for further development consistent with the Report and 9 Recommendation (ECF No. 22). 10 11 12 13 IT IS FURTHER ORDERED that defendant’s cross-motion to affirm (ECF No. 19) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in this matter. 14 IT IS SO ORDERED. 15 DATED this 15th day of February, 2017. 16 17 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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