Opinion
Civil No. 14-1664 (JRT/TNL)
08-26-2015
ALAN BRUCE CARPENTER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
Lionel H. Peabody, PEABODY LAW OFFICE, Post Office Box 10, Duluth, MN 55801, for plaintiff, Pamela Marentette, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Lionel H. Peabody, PEABODY LAW OFFICE, Post Office Box 10, Duluth, MN 55801, for plaintiff, Pamela Marentette, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant.
Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated July 27, 2015 (Docket No. 26), along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1. Plaintiff's Motion for Summary Judgment (Docket No. 17) and Defendant's Motion for Summary Judgment (Docket No. 21) are GRANTED IN PART and DENIED IN PART as set forth in the Report and Recommendation.
2. The decision to reopen the October 12, 2011 benefits determination is REVERSED and the benefits determination is REINSTATED; and
3. This action is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 26, 2015
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court