Foreman v. Colvin et al

Filing 20

ORDER ADOPTING 19 Memorandum and Recommendations, DENYING 13 Cross MOTION for Summary Judgment , GRANTING 17 Opposed MOTION for Summary Judgment .(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
August 05, 2016
David J. Bradley, Clerk

KIZZIE FOREMAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
Defendant.

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CIVIL ACTION H-15-1961

ORDER
Pending before the court is the Magistrate Judge’s memorandum and recommendation
(“M&R”) recommending that the court remand this case to the Commissioner of Social Security for
further consideration consistent with the Magistrate Judge’s opinion. Dkt. 19. Neither party filed
objections to the M&R. Having considered the M&R, related documents, and the applicable law,
the court is of the opinion that there is no clear error and that the M&R should be adopted and this
case remanded to the Commissioner. See Fed. R. Civ. P. 72, Advisory Committee Notes (“When
no timely objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation.”). Accordingly, the M&R (Dkt. 19) is
ADOPTED IN FULL. The court, consistent with the Magistrate Judge’s recommendation,
GRANTS summary judgment in favor of plaintiff Kizzie Foreman. The judgment of Commissioner
is REVERSED. This case is REMANDED to the Commissioner of Social Security for further
consideration in light of the reasoning set forth in the Magistrate Judge’s M&R.
Signed at Houston, Texas on August 5, 2016.

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Gray H. Miller
United States District Judge