Franco v. Colvin

Filing 12

ORDER ADOPTING 11 Memorandum and Recommendations, DENYING 10 Cross MOTION for Summary Judgment and Brief in Support Thereof, GRANTING 9 MOTION for Summary Judgment .(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JASON BALTASAR FRANCO,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

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ENTERED
September 01, 2016
David J. Bradley, Clerk

CIVIL ACTION H-15-2443

ORDER
Pending before the court is the Magistrate Judge’s Memorandum and Recommendation
(“M&R”), recommending that plaintiff’s motion for summary judgment (Dkt. 9) be GRANTED,
defendant’s cross-motion for summary judgment (Dkt. 10) be DENIED, and the case be
REMANDED to the Commissioner of the Social Security Administration for further consideration
in light of the M&R. Dkt. 11. The M&R advises that any parties wishing to object to the M&R
must do so by August 26, 2016. Id. at 57. The court has received no objections. The court, having
reviewed the M&R, relevant documents in the record, and the applicable law, having received no
objections, and finding no error, ADOPTS the M&R in its entirety. For the reasons stated in the
M&R, plaintiff’s motion for summary judgment (Dkt. 9) is GRANTED, defendant’s cross-motion
for summary judgment (Dkt. 10) is DENIED, and this case is REMANDED to the Commissioner
for further consideration in light of the M&R. A final judgment will issue consistent with this order.
Signed at Houston, Texas on September 1, 2016.

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Gray H. Miller
United States District Judge