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
2
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