Wittneben v. Berryhill

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS IS APPROVED AND ADOPTED in its entirety as the holding of the Court. Dkt 17 Cross MOTION for Summary Judgment is DENIED ;Dkt 15 MOTION for Summary Judgment is DENIED; Dkt 21 Memorandum and Recommendations. The decision of the Administrative Law Judge is REVERSED and REMANDED.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
KENNETH F. WITTNEBEN
Plaintiff.
VS.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION
Defendant.

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April 08, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18–CV–00174

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On September 25, 2018, this case was referred to United States Magistrate Judge
Andrew M. Edison. Dkt. 11. On March 12, 2019, Judge Edison filed a Memorandum
and Recommendation (Dkt. 21) recommending that Plaintiff, Kenneth Wittneben’s
Motion for Summary Judgment (Dkt. 15) be GRANTED; Defendant’s Cross Motion for
Summary Judgment (Dkt. 17) be DENIED; and the decision of the Administrative Law
Judge be REVERSED and REMANDED.
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).
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 (Dkt. 21) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Plaintiff, Kenneth Wittneben’s Motion for Summary Judgment (Dkt. 15) is
GRANTED;

(3)

Defendant’s Cross Motion for Summary Judgment (Dkt. 17) is DENIED;
and

(4)

The decision of the Administrative Law Judge is REVERSED and
REMANDED.

It is so ORDERED.
SIGNED at Galveston, Texas, this 8th day of April, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

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