Opinion
No. 1:16-cv-03177-FVS
02-21-2018
RICHARD LEROY MARTINEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the Report and Recommendation issued by Magistrate Judge Mary K. Dimke on February 2, 2018, ECF No. 18, recommending Plaintiff's Motion for Summary Judgment, ECF No. 14, be granted and Defendant's Motion for Summary Judgment, ECF No. 15, be denied. No objection was filed. After review, the Court hereby adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. The Report and Recommendation, ECF No. 18, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 14, is GRANTED.
3. Defendant's Motion for Summary Judgment, ECF No. 15, is DENIED.
4. An application for attorney fees may be filed by separate motion.
The District Court Executive is directed to file this Order and forward copies to counsel. Judgment shall be entered for Plaintiff and the file shall be CLOSED.
DATED February 21, 2018.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge