Opinion
Civil Action 4:22-CV-00707
12-09-2022
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
KEITH P. ELLISON, UNITED STATES DISTRICT JUDGE.
Pending before the Court is the Report and Recommendation (“R & R”) of United States Magistrate Judge Dena Hanovice Palermo. (Doc. No. 15). This case was referred to Judge Palermo pursuant to 28 U.S.C. § 636(b)(1)(B) on June 15, 2022. (Doc. No. 8.) The time for filing objections has passed, and no objections were filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Defendant's Motion to Reverse and Remand (Doc. No. 13) is hereby GRANTED. The Commissioner's determination should be REVERSED. The case should be REMANDED. Plaintiff's Motion for Summary Judgment (Doc. No. 10) should be DENIED as moot. Plaintiff's complaint (Doc. No. 1) should be DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.