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)

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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 2

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