FIERRO v. COLVIN

Filing 17

ORDER THAT THE CLERK OF COURT IS DIRECTED TO RETURN THIS MATTER TO THE COURT'S ACTIVE DOCKET. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE DEFENDANT'S UNCONTESTED MOTION TO REMAND IS GRANTED; PLAINTIFF'S REQUEST FOR REVI EW IS DENIED AS MOOT; THE FINAL DECISION OF THE COMMISSIONER IS VACATED AND THIS MATTER IS REMANDED TO THE COMMISSIONER; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/22/16. 4/22/16 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CONSTANTINO FIERRO,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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CIVIL ACTION NO. 14-6777

ORDER
AND NOW, this 22nd day of April, 2016, after considering the complaint (Doc. No. 3),
the answer (Doc. No. 7), and the administrative record (Doc. No. 6); and after considering the
report and recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Doc. No.
15); and after reviewing the plaintiff’s brief and statement of issues in support of the request for
review (Doc. No. 8), the defendant’s response to the request for review (Doc. No. 10), and the
plaintiff’s reply brief (Doc. No. 12); and the defendant having filed an uncontested motion to
remand (Doc. No. 14); accordingly, it is hereby ORDERED as follows:
1.

The clerk of court is DIRECTED to return this matter to the court’s active

2.

The report and recommendation (Doc. No. 15) is APPROVED and ADOPTED;

3.

The defendant’s uncontested motion to remand (Doc. No. 14) is GRANTED;

4.

The plaintiff’s request for review is DENIED AS MOOT;

5.

The final decision of the Commissioner is VACATED and this matter is

docket;

REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further
proceedings; and

6.

The clerk of court is DIRECTED to mark this matter as CLOSED.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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