Kirkpatrick v. Colvin

Filing 18

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS entered. It is hereby ORDERED AND ADJUDGED Judge Edison's Memorandum and Recommendation is APPROVED AND ADOPTED in its entirety as the holding of the Court; the Plaintiffs Motion for Summary Judgment 12 is GRANTED; the decision of the Commissioner is REVERSED; and this matter is REMANDED to the Commissioner for reconsideration consistent with this opinion. (Signed by Judge George C Hanks, Jr) Parties notified. (agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
MARK PAUL KIRKPATRICK
Plaintiff.
VS.
CAROLYN W COLVIN
Defendant.

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May 04, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16–CV–00337

ORDER ADOPTING MAGISTRATE’S MEMORANDUM AND
RECOMMENDATION AND REMANDING CASE
Pending before the Court is the Memorandum and Recommendation of United
States Magistrate Judge Andrew Edison. On February 22, 2018, this case was referred to
Judge Edison pursuant to 28 U.S.C. § 636(b)(1)(a). Pending before Judge Edison was
Plaintiff’s Motion for Summary Judgment (Dkt. 12). On April 18, 2018, Judge Edison
filed a Memorandum and Recommendation recommending that the Plaintiff’s Motion for
Summary Judgment be granted, the decision of the Commissioner be reversed, and the
case be remanded for reconsideration (Dkt. 17).
No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum and Recommendation for plain error
on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).

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Based on the pleadings, the record and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:
(1)

Judge Edison’s Memorandum and Recommendation is APPROVED AND
ADOPTED in its entirety as the holding of the Court;

(2)

The Plaintiff’s Motion for Summary Judgment is GRANTED;

(3)

The decision of the Commissioner is REVERSED; and

(4)

This matter is REMANDED to the Commissioner for reconsideration
consistent with this opinion.

It is so ORDERED.
SIGNED at Galveston, Texas, this 4th day of May, 2018.
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George C. Hanks Jr.
United States District Judge

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