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McGANN v. COLVIN, 6:13-cv-00042. (2015)

Court: District Court, W.D. Virginia Number: infdco20150304g40 Visitors: 6
Filed: Mar. 03, 2015
Latest Update: Mar. 03, 2015
Summary: ORDER NORMAN K. MOON , District 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
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ORDER

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. Plaintiff's 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.

Source:  Leagle

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