Smith v. Colvin

Filing 28

ORDER granting plaintiff's 21 Motion for Judgment on the Pleadings; denying defendant's 25 Motion for Judgment on the Pleadings; and adopting 27 Memorandum and Recommendation. Signed by District Judge Louise Wood Flanagan on 5/7/2014. (Castania, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:13-CV-69-FL SHEILA BELL SMITH, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the court on the Memorandum and Recommendation (“M&R”) of United States Magistrate Judge Kimberly A. Swank, 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 7th day of May, 2014. ______________________________ LOUISE W. FLANAGAN United States District Judge

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