McGathy v. Colvin
ORDER granting 17 Motion for Judgment on the Pleadings; denying 23 Motion for Judgment on the Pleadings; and adopting 25 Memorandum and Recommendation - Signed by District Judge Louise Wood Flanagan on 5/15/2017. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
BARBARA J. MCGATHY
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge James E. Gates, regarding the parties’ cross-motions for judgment
on the pleadings. 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, plaintiff’s motion is GRANTED, defendant’s motion is DENIED, 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. The clerk of court is directed to close the case.
SO ORDERED this the 15th day of May, 2017.
LOUISE W. FLANAGAN
United States District Judge
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