Hess v. Colvin et al

Filing 20

ORDER granting 14 Motion for Summary Judgment; denying 15 Motion for Summary Judgment; adopting Report and Recommendations re 18 Report and Recommendations. The findings of fact and conclusions of law contained therein are hereby ADOPTED in their entirety. Plaintiffs motion for summary judgment, ECF No. 14, is GRANTED to the extent it seeks reversal and remand of the Acting Commissioner's decision; the Defendant's motion for summary judgment, ECF No. 15, is DENIED; the final decision of the Acting Commissioner is VACATED, and this matter is REMANDED for further proceedings consistent with Judge Leonard's Report and Recommendation. Signed by District Judge Robert G. Doumar and filed on 6/5/2014. (bgra)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF VIRGINIA

JUN -6 2014

Norfolk Division

GILMA MARINA HESS,

CLERK, US DISTRICT COURT
NORFOLK, VA

Plaintiff,
CIVIL ACTION NO. 2:13-cv-394

v.

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.

ORDER

Pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b),
Local Civil Rule 72, and the April 2, 2002, Standing Order on Assignment of Certain Matters to
United States Magistrate Judges, the Court referred this matter to Magistrate Judge Lawrence R.
Leonard. The parties filed opposing Motions for Summary Judgment, and Judge Leonard filed a

Report and Recommendations ("R & R"), ECF No. 18, with respect to the parties' opposing
motions, recommending that the Court vacate the final decision of Carolyn Colvin, Acting
Commissioner of the Social Security Administration and remand this matter for further
proceedings.
By copy of the R & R, each party was advised of the right to file written objections to the
findings and recommendations made by the Magistrate Judge within fourteen (14) days from the
date the R & R was mailed. The Court has received no written objections or other response to the

R & R from either party, and the time for filing objections has expired.
When reviewing a Magistrate Judge's R & R, the Court must make a de novo

determination of those portions of the R & R to which objections, if any, are made.

Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1)(C). The Court is authorized to accept, reject or
modify, in whole or in part, the findings and recommendations made by the Magistrate Judge.
Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1)(C).

In the absence of any objections to the R & R, ECF No. 18, from either party, the
findings of fact and conclusions of law contained therein are hereby ADOPTED in their entirety.
Plaintiffs motion for summary judgment, ECF No. 14, is GRANTED to the extent it seeks
reversal and remand of the Acting Commissioner's decision; the Defendant's motion for
summary judgment, ECF No. 15, is DENIED; the final decision of the Acting Commissioner is
VACATED, and this matter is REMANDED for further proceedings consistent with Judge
Leonard's Report and Recommendation.

The Clerk is DIRECTED to deliver a copy of this Order to all Counsel of Record in the
case.

IT IS SO ORDERED.

Robert G. Doum
Senior United S

ct Judge

UNITED STATES DISTRICT JUDGE

Norfolk/Virginia

June h .2014