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Harrell v. Colvin

United States District Court, W.D. Virginia, Roanoke Division

August 26, 2014

JOHN DAVID HARRELL, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER

MICHAEL F. URBANSKI, District Judge.

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.


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