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