Smith v. Colvin

Filing 21

ORDER granting Plaintiff's 16 Motion for Summary Judgment, denying Defendant's 18 Motion for Summary Judgment and affirming 20 Memorandum and Recommendations. Signed by Senior Judge Graham Mullen on 3/13/2018. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16CV177-GCM-DCK

STACY MARIE SMITH,

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

ORDER

THIS MATTER is before the Court upon the Memorandum and Recommendation of
United States Magistrate David C. Keesler, filed February 7, 2018. (Doc. No. 20). The parties
were advised that pursuant to 28 U.S.C. § 636(b)(1)(C), written objections to the Memorandum
and Recommendation must be filed within 14 days after service of the memorandum. It appears
to the Court that the parties have not filed any such objections.
After an independent and thorough review of the magistrate's memorandum, the Court
concludes that there is no clear error on the face of the record and that the recommendation to
grant Plaintiff’s Motion for Judgment on the Pleadings to the extent Plaintiff moves to remand,
deny Defendant’s Motion for Judgment on the Pleadings, vacate the Commissioner’s
determination, and remand for further consideration is correct and in accordance with law. See
Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Accordingly, the
findings and conclusions of the magistrate are accepted, Plaintiff's Motion for Judgment on the
Pleadings (Doc. No. 16) is GRANTED, and Defendant’s Motion for Judgment on the Pleadings

(Doc. No. 18) is DENIED. The Commissioner’s determination is vacated and this matter is
hereby REMANDED for further consideration.
IT IS THEREFORE ORDERED that the Memorandum and Recommendation of the
magistrate is hereby AFFIRMED.

Signed: March 13, 2018