Smith v. Colvin
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SHEILA BELL SMITH,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
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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