McGann v. Colvin

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION; granting in part 13 Motion for Summary Judgment; denying 22 Motion for Summary Judgment; adopting Report and Recommendations re 29 Report and Recommendations. The case is hereby REMANDED to the Commissioner for further proceedings as set forth herein. Signed by Judge Norman K. Moon on March 3, 2015. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

SHANNON P. MCGANN,

CIVIL ACTION NO. 6:13-cv-00042
Plaintiff,

v.

ORDER

CAROLYN W. COLVIN
Acting Commissioner of Social Security,

JUDGE NORMAN K. MOON

Defendant.

This matter is before the Court on the parties’ cross Motions for Summary Judgment
(docket nos. 13 and 22), and the Report & Recommendation of United States Magistrate Judge
Robert S. Ballou (docket no. 29, hereinafter “Report”). Pursuant to Standing Order 2011-17 and
28 U.S.C. § 636(b)(1)(B), I referred this matter to Judge Ballou for proposed findings of fact and
a recommended disposition. The parties filed cross motions for summary judgment, and on
February 11, 2015, Judge Ballou filed a Report recommending that Plaintiff’s Motion for
Summary Judgment (docket no. 13) be granted in part, and the Commissioner’s Motion for
Summary Judgment (docket no. 22) be denied. After a review of the record in this case, and no
objections having been filed to the Report within fourteen days of its service upon the parties, I
adopt the Report in its entirety.
Accordingly:
1.

The Report of February 11, 2015 (docket no. 29), is hereby ADOPTED in its
entirety;

2.

Plaintiff’s Motion for Summary Judgment (docket no. 13) is hereby GRANTED
IN PART;

3.

Defendant’s Motion for Summary Judgment (docket no. 22) is hereby DENIED;

4.

the case is hereby REMANDED to the Commissioner for further proceedings
consistent with the direction and recommendations given in the Report; and

5.

This case is hereby DISMISSED from the Court’s active docket.

The Clerk of the Court is hereby directed to send a certified copy of this Order to all
counsel of record and to United States Magistrate Judge Robert S. Ballou.
It is so ORDERED.

Entered this 3rd day of March, 2015.

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