Stuckey v. Colvin

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 12 Motion for Summary Judgment; denying 14 Motion for Summary Judgment; adopting Report and Recommendations re 17 Report and Recommendations. In the absence of any objections to the R & R, ECF No. 17. from either party, the findings of fact and conclusions of law contained therein are hereby ADOPTED in their entirety. Plaintiff's motion for summary judgment, ECF No. 12, is GRANTED; the Defendant's motion for summary j udgment, ECF No. 14, is DENIED; the final decision of the Acting Commissioner is VACATED, and this matter is REMANDED for further proceedings consistent with Judge Krask's Report and Recommendation. Signed by District Judge Robert G. Doumar and filed on 2/2/16. Copies distributed to all parties 2/2/16.(ldab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

ANNA GRACE STUCKEY,

Plaintiff,
CIVILN0.2:14cv656
v.

CAROLYN W. COLVIN,

Acting Commissioner of Social
Security.

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 Tommy E.
Miller. Upon Judge Miller's retirement, the matter was referred to Magistrate Judge Robert J.
Krask. Judge Krask filed a Report and Recommendation ("R & R"), ECF No. 17, with respect to

the parties' opposing motions for summary judgment 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 consistent with the R & R.

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.

Fcd.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. 17. from either party, the

findings offact and conclusions oflaw contained therein are hereby ADOPTED in their entirety.
Plaintiffs motion for summary judgment, ECF No. 12, is GRANTED; the Defendant's

motion for summary judgment, ECF No. 14, is DENIED; the final decision of the Acting

Commissioner is VACATED, and this matter is REMANDED for further proceedings
consistent with Judge Krask'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.
Senior Un

cs District Juctee

UNITED STATES DISTRICT JUDGE

Norfolk, VA

February 2^,2016