Stickley v. Kijakazi

Filing 19

ORDER ADOPTING 19 REPORT AND RECOMMENDATION TO GRANT 12 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENY 13 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. This file is closed. Signed by Senior Judge Robert H. Whaley. (REM, Case Administrator)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 Jul 05, 2024 2 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF WASHINGTON 5 MELANIE S., 1 6 No. 4:22-cv-05074-RHW Plaintiff, 7 vs. 8 MARTIN O’MALLEY, COMMISSIONER OF SOCIAL SECURITY, 9 Defendant. ECF Nos. 12, 13, 18 Before the Court is the Report and Recommendation issued by Magistrate 10 11 12 13 14 15 16 17 ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENY DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Judge Alexander C. Ekstrom, ECF No. 18, recommending Plaintiff’s Motion for Summary Judgment, ECF No. 12, be granted and Defendant’s Motion for Summary Judgment, ECF No. 13, be denied. No objections were filed. After reviewing the Report and Recommendation, the Court finds the Magistrate Judge’s findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety. 18 1 19 identifies them by only their first names and the initial of their last names. See 20 LCivR 5.2(c). To protect the privacy of plaintiffs in social security cases, the undersigned ORDER - 1 1 Accordingly, IT IS ORDERED: 2 1. The Report and Recommendation, ECF No. 18, is ADOPTED in its 3 4 entirety. 2. Plaintiff’s Motion for Summary Judgment, ECF No. 12, is GRANTED. 5 The Commissioner’s decision is REVERSED and this matter is REMANDED for 6 further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). 7 3. Defendant’s Motion for Summary Judgment, ECF No. 13, is DENIED. 8 4. Upon proper presentation, the Court will consider Plaintiff’s application 9 for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 10 The District Court Executive is directed to enter this Order, ENTER 11 JUDGMENT in favor of Plaintiff, forward copies to counsel and Magistrate Judge 12 Ekstrom, and CLOSE THE FILE. 13 DATED July 5, 2024. 14 s/Robert H. Whaley ROBERT H. WHALEY Senior United States District Judge 15 16 17 18 19 20 ORDER - 2

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