Opinion
No. 15-CV-0270-FVS
02-09-2017
CARL WAYNE NUNLEY, Plaintiff, v. NANCY A. BERRYHILL, Acting 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 ECF Nos. 12, 17, 21
BEFORE THE COURT is the Report and Recommendation issued by Magistrate Judge Mary K. Dimke on January 10, 2017, ECF No. 21, recommending Plaintiff's Motion for Summary Judgment, ECF No. 12, be granted and Defendant's Motion for Summary Judgment, ECF No. 17, be denied. Defendant filed objections to the Report and Recommendation on January 19, 2017. ECF No. 22. Plaintiff responded to Defendant's objections on February 1, 2017. ECF No. 24. After reviewing the Report and Recommendation, the objections and the response, and relevant authorities; the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. The Report and Recommendation, ECF No. 21, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 12, is GRANTED.
3. Defendant's Motion for Summary Judgment, ECF No. 17, 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 the parties. Judgment shall be entered for Plaintiff and the file shall be CLOSED.
DATED February 9, 2017.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge