Newkirk v. Commissioner of Social Security

Filing 26

ORDER ADOPING 24 REPORT AND RECOMMENDATION, granting in part 17 Motion for Summary Judgment; and denying 22 Motion for Summary Judgment. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Mar 06, 2018 3 SEAN F. MCAVOY, CLERK 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 7 MARK A. NEWKIRK, NO: 2:16-CV-410-RMP Plaintiff, 8 9 10 ORDER ADOPTING REPORT AND RECOMMENDATION v. COMMISSIONER OF SOCIAL SECURITY, 11 Defendant. 12 13 BEFORE THE COURT is United States Magistrate Judge Rodgers’ 14 February 15, 2018 Report and Recommendation, ECF No. 24, to grant in part 15 Plaintiff Mark Newkirk’s Motion for Summary Judgment, ECF No. 17, and deny 16 Defendant Commissioner of Social Security’s Motion for Summary Judgment, 17 ECF No. 22. Objections were due on or before March 1, 2018, and neither party 18 objected to the Report and Recommendation. 19 Having reviewed the February 15, 2018 Report and Recommendation and 20 there being no objections, the Court ADOPTS Judge Rodgers’ Report and 21 Recommendation, ECF No. 24, in its entirety. ORDER ADOPTING REPORT AND RECOMMENDATION ~ 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. Plaintiff’s Motion for Summary Judgment, ECF No. 17, is 3 GRANTED IN PART. Consistent with the analysis of the Report 4 and Recommendation, the Court denies Plaintiff’s request for an 5 immediate award of benefits. 6 2. 7 8 Defendant’s Motion for Summary Judgment, ECF No. 22, is DENIED. 3. 9 The matter is REMANDED to the Commissioner for additional proceedings consistent with this Order and the adopted Report and 10 Recommendation, ECF No. 24. 11 4. 12 The District Court Clerk is directed to enter this Order, enter judgment as 13 14 Judgment shall be entered for Plaintiff. outlined above, provide copies to counsel, and close the case. DATED March 6, 2018. 15 16 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge 17 18 19 20 21 ORDER ADOPTING REPORT AND RECOMMENDATION ~ 2

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