Fury v. Berryhill

Filing 22

ORDER that the R&R (ECF No. 19 ) is adopted and accepted; plaintiff's motion to remand (ECF No. 15 ) is GRANTED in part; it is granted regarding remand only; defendant's cross motion to affirm (ECF No. 16 ) is DENIED; this matter is REMANDED for further proceedings; Clerk directed to enter judgment. Signed by Judge Larry R. Hicks on 3/14/2018.; Case terminated. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9

***
Case No. 3:17-cv-00229-LRH-(WGC)

THOMAS LESTER FURY, JR.,

10

Plaintiff, ORDER

11
12
13

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,

14
Defendant.

15
16
17

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

18

William G. Cobb (ECF No. 19) entered on January 23, 2018, recommending granting in

19

part plaintiff’s Motion to Reverse and Remand Administrative Decision to Allow Award of

20

Benefits (ECF No. 15) entered on August 18, 2017, and denying defendant’s Cross-

21

Motion to Affirm and Response to Plaintiff’s Motion to Reverse and Remand (ECF

22

No. 16) entered on September 18, 2017. On February 6, 2018, defendant filed its

23

objections (ECF No. 20) and on February 20, 2018, plaintiff filed his response to

24

objections (ECF No. 21).

25

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

26

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

27

District Court for the District of Nevada.

28

///
1

1

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

2

defendant’s objections, the response of plaintiff, and the pleadings and memoranda of

3

the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B)

4

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

5

Recommendation (ECF No. 19) entered on January 23, 2018, should be adopted and

6

accepted.

7

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

8

Recommendation (ECF No. 19) entered on January 23, 2018, is adopted and accepted,

9

and plaintiff’s Motion to Reverse and Remand Administrative Decision to Allow Award of

10
11
12
13
14
15
16

Benefits (ECF No. 15) is GRANTED in part; it is granted regarding remand only.
IT IS FURTHER ORDERED that defendant’s Cross Motion to Affirm and
Response to Plaintiff’s Motion to Reverse and Remand (ECF No. 16) is DENIED.
IT IS FURTHER ORDERED that this matter is REMANDED for further
proceedings in accordance with the Report and Recommendation (ECF No. 19).
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in
this matter.

17

IT IS SO ORDERED.

18

DATED this 14th day of March, 2018.

19
20

LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2