Falcone v. Colvin

Filing 22

ORDER (memorandum filed previously as separate docket entry), OVERRULING dft's objections; ADOPTING the report and recommendation of Magistrate Judge Carlson; DENYING motion 10 to dismiss ; REFERRING CASE to Magistrate Judge Martin C. Carlson for further proceedings.Signed by Honorable James M. Munley on 6/2/17. (sm)

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IN THE UNITED STATES DISTICT COURT MIDDLE DISTRICT OF PENNSYLVANIA CHRISTOPHER CHARLES FALCONE, : No. 3:16cv1705 Plaintiff : : (Judge Munley) v. : : (Magistrate Judge Carlson) NANCY BERRYHILL, ACTING : COMMISSIONER OF SOCIAL : SECURITY, : Defendant : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, this 2nd day of June 2017, it is hereby ORDERED as follows: 1) The defendant’s objections (Doc. 18) to the report and recommendation are OVERRULED; 2) Magistrate Judge Carlson’s report and recommendation (Doc. 17) is ADOPTED; 3) The defendant’s motion to dismiss (Doc. 10) is DENIED and 4) The Clerk of Court is directed to remand this case to Magistrate Judge Carlson for further proceedings, including scheduling the deadlines for the merits briefs and issuance of a report and recommendation on the merits. BY THE COURT: s/ James M. Munley______ _ JUDGE JAMES M. MUNLEY United States District Court 1

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