Mitchell v. Colvin

Filing 24

ORDER adopting 23 Memorandum and Recommendations, granting 18 Motion for Judgment on the Pleadings, and denying 20 Motion for Judgment on the Pleadings - This matter is REMANDED to defendant for further proceedings. Signed by District Judge Louise Wood Flanagan on 8/30/2017. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-301-FL

DAVID D. MITCHELL, JR.,
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’ 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 30th day of August, 2017.
______________________________
LOUISE W. FLANAGAN
United States District Judge