Bottoms v. Commissioner of Social Security

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 13 Motion for Summary Judgment ; granting 13 Motion to Remand; denying 17 Motion for Summary Judgment; reversing the final decision of the Commissioner; remanding the case to the Commissioner for further proceedings consistent with Magistrate Judge Hoppe's Report. Signed by Judge Jackson L. Kiser on 9/13/2017. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
DERECK BOTTOMS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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SEP 13 2017

Case No.: 4:16-cv-00030
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/Motion
to Remand [ECF No. 13], denying the Commissioner’s Motion for Summary Judgment [ECF
No. 17], and remanding this case. This Report was filed on August 23, 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/Motion to Remand 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 further
proceedings consistent with Magistrate Judge Hoppe’s Report. 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 13th day of September, 2017.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE