Buntain v. Colvin

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT regarding 16 Report and Recommendation. Signed by Senior Judge Fred Van Sickle. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

7 JESSE L. BUNTAIN,

No. 15-CV-0304-FVS

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ORDER ADOPTING REPORT AND
RECOMMENDATION TO DENY
PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT AND
GRANT DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT

Plaintiff,

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vs.

10 NANCY A. BERRYHILL, Acting
11 Commissioner of Social Security, 1
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ECF Nos. 12, 14, 16

Defendant.

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Nancy A. Berryhill became the Acting Commissioner of Social Security on

January 20, 2017. Pursuant to Rule 25(d) of the Rules of Civil Procedure, Nancy
A. Berryhill is substituted for Carolyn W. Colvin as the defendant in this suit. No
further action need be taken to continue this suit by reason of the last sentence of
42 U.S.C. § 405(g).

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANT
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ~ 1

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BEFORE THE COURT is the Report and Recommendation issued by

2 Magistrate Judge Mary K. Dimke on January 23, 2017, ECF No. 16,
3 recommending Plaintiff’s Motion for Summary Judgment, ECF No. 12, be denied
4 and Defendant’s Motion for Summary Judgment, ECF No. 14, be granted. No
5 objection was filed. After review, the Court hereby adopts the Report and
6 Recommendation in its entirety. Accordingly, IT IS ORDERED:
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1.

The Report and Recommendation, ECF No. 16, is ADOPTED in its

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Plaintiff’s Motion for Summary Judgment, ECF No. 12, is DENIED.

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3.

Defendant’s Motion for Summary Judgment, ECF No. 14, is

11 GRANTED.
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The District Court Executive is directed to file this Order and forward copies

13 to the parties. Judgment shall be entered for Defendant and the file shall be
14 CLOSED.
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DATED February 9, 2017.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANT
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ~ 2