Bottoms v. Astrue

Filing 24

ORDER adopting 22 Report and Recommendations; granting in part and denying in part 15 Plaintiff's Motion for Summary Judgment; granting 15 Plaintiff's Motion to Remand; denying 19 Defendant's Motion for Summary Judgment; dismissing case from the docket. Signed by Judge Jackson L. Kiser on 10/7/2013. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
DERECK BOTTOMS,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

Case No.: 4:12-cv-00048
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me is the Report and Recommendation of the United States Magistrate Judge
recommending an Order be entered DENYING the Commissioner’s Motion for Summary
Judgment, GRANTING, in part, the plaintiff’s Motion for Summary Judgment, and
REMANDING this case to the Commissioner for further proceedings [ECF No. 22]. This
Report was filed on September 16, 2013, from which date the parties had fourteen (14) days to
file objections.

No objections were filed.

Accordingly, it is this day ADJUDGED and

ORDERED that the Report and Recommendation shall be, and hereby is, ADOPTED in its
entirety. The Commissioner’s Motion for Summary Judgment is DENIED, Plaintiff’s Motion
for Summary Judgment is GRANTED IN PART and DENIED IN PART, and the case is
hereby REMANDED to the Commissioner for further proceedings.

The case is hereby

DISMISSED from the Court’s active docket.
The Clerk is directed to send a copy of this Order to all counsel of record as well as to
Magistrate Judge Crigler.
ENTERED this 7th day of October, 2013.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE