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Bennett v. Saul, 3:19-CV-00064. (2019)

Court: District Court, S.D. Texas Number: infdco20191211891 Visitors: 11
Filed: Dec. 09, 2019
Latest Update: Dec. 09, 2019
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION JEFFREY VINCENT BROWN , District Judge . On June 28, 2019, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. 636(b)(1)(B). Dkt. 8. On November 11, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 13) recommending that Plaintiff's Motion for Summary Judgment (Dkt. 10) be GRANTED, Defendant's Motion for Summary Judgment (Dkt. 11) be DENIED, the decision of the Comm
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ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

On June 28, 2019, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 8. On November 11, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 13) recommending that Plaintiff's Motion for Summary Judgment (Dkt. 10) be GRANTED, Defendant's Motion for Summary Judgment (Dkt. 11) be DENIED, the decision of the Commissioner be REVERSED, and the case be REMANDED for reconsideration in accordance with this opinion and applicable law.

No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).

Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:

(1) Judge Edison's Memorandum and Recommendation (Dkt. 13) is APPROVED and ADOPTED in its entirety as the holding of the Court; (2) Plaintiff's Motion for Summary Judgment (Dkt. 10) is GRANTED; (3) Defendant's Motion for Summary Judgment (Dkt. 11) is DENIED; (4) The decision of the Commissioner is REVERSED; and (5) The case is REMANDED for reconsideration in accordance with this opinion and applicable law.

It is so ORDERED.

Source:  Leagle

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