Opinion
CIVIL ACTION NO. 1:15CV90
04-06-2016
KIMBERLY S. MCKINNEY, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate James E. Seibert ("R&R") (dkt. no. 13), dated February 19, 2016. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the R&R permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon review of the R&R and the record, it is the opinion of this Court that the Magistrate Judge's Report and Recommendation (dkt. no. 13) should be, and, is, hereby ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Court
1. DENIES the defendant's motion for Summary Judgment (dkt. no. 11); and
2. GRANTS in PART the plaintiff's motion for Summary Judgment (dkt. no. 9); and
3. REMANDS this case to the ALJ for reconsideration consistent with the reasons stated in the R&R.
The Court directs the Clerk of Court to transmit copies of this Order to counsel of record and to the appropriate agencies.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order to all counsel of record. DATED: April 6, 2016.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE