Kearnes v. Berryhill

Filing 18

ORDER ADOPTING 17 Memorandum and Recommendations GRANTING 14 MOTION for Summary Judgment , DENYING 15 Cross MOTION for Summary Judgment and Brief in Support of Cross-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
March 19, 2019
David J. Bradley, Clerk

BRIAN D. KEARNES,

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Plaintiff,
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v.
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NANCY A. BERRYHILL, ACTING COMMISSIONER §
OF THE SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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CIVIL ACTION H-17-2251

ORDER
Pending before the court is a memorandum and recommendation (“M&R”) from the
Magistrate Judge, who recommends granting a motion for summary judgment filed by plaintiff Brian
D. Kearnes (Dkt. 14) and denying a motion for summary judgment filed by defendant Nancy A.
Berryhill, Acting Commissioner of the Social Security Administration (the “Commissioner”)
(Dkt. 15). Dkt. 17. Neither party filed objections to the M&R. Having reviewed the M&R,
motions, 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. 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. 17)
is ADOPTED IN FULL. The Commissioner’s motion for summary judgment (Dkt. 15) is DENIED,
and Kearnes’s motion for summary judgment (Dkt. 14) is GRANTED. This case is REMANDED
to the Social Security Administration for further consideration in light of the Magistrate Judge’s
M&R. The court will issue a final judgment concurrently with this order.
Signed at Houston, Texas on March 19, 2019.

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Gray H. Miller
Senior United States District Judge