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McGann v. Colvin

United States District Court, Western District of Virginia, Lynchburg Division

March 3, 2015

Shannon P. McGann, Plaintiff,
v.
Carolyn W. Colvin Acting Commissioner of Social Security, Defendant.

ORDER

Norman K. Moon, Judge

This matter is before the Court on the parties’ cross Motions for Summary Judgment (docket nos. 13 and 22), and the Report & Recommendation of United States Magistrate Judge Robert S. Ballou (docket no. 29, hereinafter “Report”). Pursuant to Standing Order 2011-17 and 28 U.S.C. § 636(b)(1)(B), I referred this matter to Judge Ballou for proposed findings of fact and a recommended disposition. The parties filed cross motions for summary judgment, and on February 11, 2015, Judge Ballou filed a Report recommending that Plaintiff’s Motion for Summary Judgment (docket no. 13) be granted in part, and the Commissioner’s Motion for Summary Judgment (docket no. 22) be denied. After a review of the record in this case, and no objections having been filed to the Report within fourteen days of its service upon the parties, I adopt the Report in its entirety.

Accordingly:

1. The Report of February 11, 2015 (docket no. 29), is hereby ADOPTED in its entirety;

2. Plaintiffs Motion for Summary Judgment (docket no. 13) is hereby GRANTED IN PART;

3. Defendant’s Motion for Summary Judgment (docket no. 22) is hereby DENIED;

4. the case is hereby REMANDED to the Commissioner for further proceedings consistent with the direction and recommendations given in the Report; and

5. This case is hereby DISMISSED from the Court’s active docket.

The Clerk of the Court is hereby directed to send a certified copy of this Order to all counsel of record and to United States Magistrate Judge Robert S. Ballou.

It is so ORDERED.


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