Harrell v. Colvin

Filing 22

ORDER adopting 21 Report and Recommendation in its entirety, denying 16 Motion for Summary Judgment and granting in part 11 plaintiff's Motion for Summary Judgment and this case is remanded to the Commissioner and case is stricken from the active docket. Signed by District Judge Michael F. Urbanski on 8/26/14. (eot)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JOHN DAVID HARRELL,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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Civil Action No.: 7:13cv00134

By: Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge,
pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition.
The magistrate judge filed a report and recommendation on July 30, 2014, recommending that the
Commissioner’s motion for summary judgment be denied, that the plaintiff’s motion for summary
judgment be granted in part, and that this case be remanded to the Commissioner pursuant to
sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections to the report and
recommendation have been filed, and the court is of the opinion that the report and
recommendation should be adopted in its entirety. It is accordingly ORDERED as follows:
1. The July 30, 2014 report and recommendation (Dkt. # 21) is ADOPTED in
its entirety;
2. The Commissioner’s motion for summary judgment (Dkt. # 16) is DENIED;
3. Plaintiff’s motion for summary judgment (Dkt. # 11) is GRANTED in part;
4. This case is REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g) for further consideration consistent with the report and recommendation; and
5. This matter is STRICKEN from the active docket of the court.

The Clerk is directed to send a certified copy of this Order to all counsel of record.
Entered: August 26, 2014

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge