Nunley v. Colvin

Filing 22

ORDER ADOPTING 21 Memorandum and Recommendations, DENYING 18 Cross MOTION for Summary Judgment and Memorandum in Support of Cross-Motion for Summary Judgment, GRANTING 14 MOTION for Summary Judgment , Case terminated on 3/1/2018.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RONALD EUGENE NUNLEY,
Plaintiff,
v.
CAROLYN W. COLVIN1,
Defendant.

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March 01, 2018
David J. Bradley, Clerk

CIVIL ACTION H-17-00072

ORDER
Pending before the court is a memorandum and recommendation (“M&R”) entered by
Magistrate Judge Nancy Johnson on February 14, 2018. Dkt. 21. Plaintiff Ronald Nunley filed this
action for judicial review of an unfavorable decision by the Social Security Administration
Commissioner. Dkt. 1. Nunley filed a motion for summary judgment. Dkt. 14. Defendant Nancy
A. Berryhill filed a cross-motion for summary judgment. Dkt. 18. The Magistrate Judge
recommends granting Nunley’s motion and denying Berryhill’s motion. Dkt. 21. Berryhill did not
file any objections to the M&R.
After reviewing the M&R, motions, responses, and applicable law, the court agrees with the
Magistrate Judge that Nunley’s motion should be granted and Berryhill’s motion should be denied.
The court finds no clear error on the face of the record. Fed. R. Civ. P. 72(b), Advisory Comm. Note
(1983). Accordingly, the M&R is ADOPTED IN FULL, Nunley’s motion for summary judgment
(Dkt. 14) is GRANTED, and Berryhill’s cross-motion for summary judgment (Dkt. 18) is DENIED.

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Carolyn W. Colvin was the Commissioner of the Social Security Administration at the
time that Nunley filed this case. Now, Nancy A. Berryhill is the Acting Commissioner and, as
such, is automatically substituted as the defendant in this case. See 42 U.S.C. § 405(g); Fed. R.
Civ. P. 25(d).

The case is REMANDED for further consideration of the reliability of SkillTRAN and the vocational
expert’s testimony, including development of the record and an explanation of the ALJ’s reliability
determination.
Signed at Houston, Texas on March 1, 2018.

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Gray H. Miller
United States District Judge

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