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BICKHAM v. COLVIN, 16-CV-1140(JNE/KMM). (2016)

Court: District Court, D. Minnesota Number: infdco20161123f20 Visitors: 10
Filed: Nov. 22, 2016
Latest Update: Nov. 22, 2016
Summary: ORDER JOAN N. ERICKSEN , District Judge . This matter is before the Court on a Report and Recommendation ("R&R") issued by the Honorable Katherine Menendez, United States Magistrate Judge, on October 27, 2016. (Docket No. 21.) The R&R was issued in response to Plaintiff Winston Bickham's Motion for Summary Judgment (Dkt. No. 14) and Defendant Carolyn W. Colvin's, Acting Commissioner of Social Security, Unopposed Motion to Reverse and Remand and for Entry of Final Judgment (Dkt. No. 17). The
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ORDER

This matter is before the Court on a Report and Recommendation ("R&R") issued by the Honorable Katherine Menendez, United States Magistrate Judge, on October 27, 2016. (Docket No. 21.) The R&R was issued in response to Plaintiff Winston Bickham's Motion for Summary Judgment (Dkt. No. 14) and Defendant Carolyn W. Colvin's, Acting Commissioner of Social Security, Unopposed Motion to Reverse and Remand and for Entry of Final Judgment (Dkt. No. 17). The R&R recommends granting the Commissioner's Motion, deeming Bickham's Motion moot, and remanding the case to the Commissioner. (See Dkt. No. 21.) Both parties have indicated they do not object to remand. (See Dkt. Nos. 19, 22.)

The Court has conducted a de novo review of the record. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2(b)(3). Based on that review, the Court accepts the R&R's recommended disposition.

Therefore, IT IS ORDERED THAT:

1. The Commissioner's Unopposed Motion to Reverse and Remand and for Entry of Final Judgment [Dkt. No. 17] is GRANTED. 2. Plaintiff's Motion for Summary Judgment [Dkt. No. 14] is DENIED AS MOOT. 3. The Commissioner's decision is REVERSED, and the case is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Source:  Leagle

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