Rogers v. Colvin

Filing 16

ORDER that 15 Magistrate Judge's Memorandum and Recommendation is ACCEPTED; Plaintiff's 11 Motion for Summary Judgment is GRANTED; Defendant's 12 Motion for Summary Judgment is DENIED; and this matter is hereby REMANDED for further proceedings consistent with the Magistrate Judge's Memorandum and Recommendation. Signed by District Judge Martin Reidinger on 6/20/2017. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00081-MR-DLH

DAVID D. ROGERS,

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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for
Summary Judgment [Doc. 11]; the Defendant’s Motion for Summary
Judgment [Doc. 12]; and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 15] regarding the disposition of those motions.
Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the
District Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the pending motions in the abovecaptioned action and to submit to this Court a recommendation for the
disposition of these motions.

On June 5, 2017, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 15] in this case containing proposed findings of fact
and conclusions of law in support of a recommendation regarding the
motions [Docs. 11, 12]. The parties were advised that any objections to the
Magistrate Judge's Memorandum and Recommendation were to be filed in
writing within fourteen (14) days of service. The period within which to file
objections has expired, and no written objections to the Memorandum and
Recommendation have been filed.
After a careful review of the Magistrate Judge's Memorandum and
Recommendation [Doc. 15], the Court finds that the proposed findings of fact
are correct and that the proposed conclusions of law are consistent with
current case law. Accordingly, the Court hereby accepts the Magistrate
Judge's recommendation that this case be remanded for further
proceedings.
IT IS, THEREFORE, ORDERED that the Magistrate Judge's
Memorandum and Recommendation [Doc. 15] is ACCEPTED; the Plaintiff's
Motion for Summary Judgment [Doc. 11] is GRANTED; the Defendant’s
Motion for Summary Judgment [Doc. 12] is DENIED; and this matter is
hereby REMANDED for further proceedings consistent with the Magistrate
Judge’s Memorandum and Recommendation.
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The Clerk of Court shall enter a separate Judgment of Remand
simultaneously herewith, thereby closing the case.
IT IS SO ORDERED.

Signed: June 20, 2017

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