Nardollilo v. Colvin

Filing 15

ORDER granting 12 Motion to Reverse Decision of the Commissioner; denying 13 Motion to Affirm the Decision of the Commissioner; adopting 14 Report and Recommendations and remanding the matter for further proceedings. So Ordered by Chief Judge William E. Smith on 8/4/2017. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
THOMAS V. NARDOLILLO,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 16-514 S
)
NANCY BERRYHILL, Acting
)
Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)
___________________________________)
ORDER
WILLIAM E. SMITH, Chief Judge.
Before
Decision

of

Reverse,”
Decision

the
the

ECF
of

Court

Social

No.
the

is

12)

Plaintiff’s
Security

and

Social

Motion

to

Administration

Defendant’s

Security

Motion

Reverse
(“Motion

to

Affirm

the

(“Motion

to

to

Administration

the

Affirm,” ECF No. 13). This matter was referred to Magistrate
Judge

Lincoln

Magistrate

D.

Judge

Almond
Almond

for

a

Report

recommends

that

and
the

Recommendation.
Court

grant

the

Motion to Reverse and deny the Motion to Affirm. (Report and
Recommendation, ECF No. 14.) Because Defendant has not filed an
objection to the Report and Recommendation, any such objection
is waived, see United States v. Valencia-Copete, 792 F.2d 4, 6
(1st Cir. 1986), and the Report and Recommendation (ECF No. 14)
is

ACCEPTED.

Plaintiff’s

Motion

to

Reverse

(ECF

No.

12)

is

GRANTED, Defendant’s Motion to Affirm (ECF No. 13) is DENIED.

This matter is remanded for further administrative proceedings
consistent with the Report and Recommendation. Final judgment
will enter in favor of Plaintiff.
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: August 4, 2017

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