Smith v. Colvin

Filing 39

ORDER granting in part and denying in part 24 Motion to Remand to Social Security Administration, adopting 38 Memorandum and Recommendation, denying as moot 17 Motion for Summary Judgment, and denying as moot 20 Motion to Remand - This matter is REMANDED to defendant pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Signed by District Judge Louise Wood Flanagan on 9/5/2017. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-194-FL

EDWARD RAY SMITH,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge James E. Gates, regarding the parties’ motions for remand (DE 20,
24), and plaintiff’s motion for summary judgment (DE 17). No objections to the M&R have been
filed, and the time within which to make any objection has expired. This matter is ripe for ruling.
Upon careful review of the M&R and of the record generally, having found no clear error,
the court hereby ADOPTS the recommendation of the magistrate judge as its own, and, for the
reasons stated therein, defendant’s motion is GRANTED IN PART and DENIED IN PART, and this
matter is REMANDED to defendant pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings consistent with the M&R. Plaintiff’s motion for remand (DE 20) and motion for
summary judgment (DE 17) are DENIED AS MOOT. The clerk of court is directed to close the
case.
SO ORDERED this the 5th day of September, 2017.
______________________________
LOUISE W. FLANAGAN
United States District Judge