Bigelow v. Colvin

Filing 30

ORDER granting 24 Motion for Judgment on the Pleadings; denying 26 Motion for Judgment on the Pleadings; and 29 Memorandum and Recommendation - Signed by District Judge Louise Wood Flanagan on 6/21/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-69-FL

JAMES BIGELOW,
Plaintiff,
v.
CAROLYN W. COLVIN,
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 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 as recommended in the M&R. The clerk of court is directed to close the case.
SO ORDERED this the 21st day of June, 2016.

______________________________
LOUISE W. FLANAGAN
United States District Judge