Sellers v. Colvin

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 20 Motion for Summary Judgment; denying 26 Motion for Summary Judgment; reversing the final decision of the Commissioner and remanding the case to the Commissioner. (See 42 U.S.C. § 405(g)(2014)(sentence four). The Clerk is directed to dismiss this case from the active docket of this Court. Signed by Judge Jackson L. Kiser on 2/14/2017. (mlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION KAREN DIANNE SELLERS, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 4:15-cv-00038 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 that I enter an Order granting Plaintiff’s Motion for Summary Judgment [ECF No. 20], denying the Commissioner’s Motion for Summary Judgment [ECF No. 26], and remanding this case. This Report was filed on January 24, 2017, from which date the parties had fourteen (14) days to file objections. No objections were filed. Accordingly, it is ORDERED and ADJUDGED that the Report and Recommendation shall be, and hereby is, ADOPTED in its entirety. Plaintiff’s Motion for Summary Judgment is GRANTED, the Commissioner’s Motion is DENIED, the final decision of the Commissioner is REVERSED, and this case is hereby REMANDED to the Commissioner for proceedings consistent with Magistrate Judge Hoppe’s Report. See 42 U.S.C. § 405(g) (2014) (sentence four). The Clerk is directed to dismiss this case from the active docket of this Court. The Clerk is directed to send a copy of this Order to Magistrate Judge Hoppe and all counsel of record. ENTERED this 14th day of February, 2017. s/Jackson L. Kiser SENIOR UNITED STATES DISTRICT JUDGE

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