Opinion
CIVIL ACTION NO. 3:19-CV-00175
05-05-2020
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On August 30, 2019, this case was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 10. On April 17, 2020, Judge Edison filed a Memorandum and Recommendation (Dkt. 19), recommending that Plaintiff's Motion for Summary Judgment (Dkt. 16) be GRANTED, the Commissioner's Motion for Summary Judgment (Dkt. 17) be DENIED, the decision of the Administrative Law Judge ("ALJ") be REVERSED, and the case be REMANDED to the Commissioner for reconsideration.
No objections to the Memorandum and Recommendation have been filed. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. See 28 U.S.C. § 636(b)(1); 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. 19) is APPROVED and ADOPTED in its entirety as the holding of the Court;
(2) Plaintiff's Motion for Summary Judgment (Dkt. 16) is GRANTED;
(3) Commissioner's Motion for Summary Judgment (Dkt. 17) is DENIED;
(4) The ALJ's decision is REVERSED; and
(5) The matter is REMANDED to the Commissioner for reconsideration consistent with this opinion.
It is so ORDERED.
SIGNED on Galveston Island this 5th day of May, 2020.
/s/_________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE