Shea v. Social Security Administration

Filing 25

ORDERED that Magistrate Judge Carry's Report and Recommendation (ECF No. 24 ) entered on September 25, 2019, is ADOPTED and ACCEPTED. Plaintiff's Motion to Remand (ECF No. 17 ) is GRANTED. Defendant's Cross-Motion to Affirm (ECF No. 18 ) is DENIED. This case is REMANDED to the agency for further proceedings. Clerk of the Court shall close this case. Signed by Judge Robert C. Jones on 10/17/2019. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 UNITED STATES DISTRICT CCOURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 10 11 12 ) ) ) Plaintiff, ) ) ) vs. ) ANDREW SAUL, Acting Commissioner of ) ) Social Security, ) ) ) Defendant. ) THOMAS GREGORY SHEA, Case No.: 3:18-CV-00112-RCJ-CBC ORDER ADOPTING AND ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (ECF NO. 24) 13 14 15 16 Before the Court is the Report and Recommendation of United States Magistrate Judge Carla Baldwin Carry (ECF No. 24 1) entered on September 25, 2019, recommending that the Court grant Plaintiff’s motion to remand and deny 17 Commissioner’s cross-motion to affirm. No objection to the Report and 18 19 20 21 Recommendation has been filled. This action was referred to Magistrate Judge Carry under 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 1-4 of the Rules of Practice of the United States District 22 Court for the District of Nevada. 23 24 25 The Court has considered the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. 26 27 28 1 Refers to Court’s docket number. 1 1 2 IT IS HEREBY ORDERED that Magistrate Judge Carry’s Report and Recommendation (ECF No. 24) entered on September 25, 2019, is ADOPTED and 3 ACCEPTED. 4 5 6 7 8 IT IS FURTHER ORDERED that Plaintiff’s Motion to Remand (ECF No. 17) is GRANTED. IT IS FURTHER ORDERED that Defendant’s Cross-Motion to Affirm (ECF No. 18) is DENIED. 9 10 11 12 IT IS FURTHER ORDERED that this case is REMANDED to the agency for further proceedings. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. 13 14 IT IS SO ORDERED. 15 16 Dated this 17th day of October, 2019. 17 18 19 ROBERT C. JONES Senior District Judge 20 21 22 23 24 25 26 27 28 2

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