Opinion
CIVIL ACTION NO. 3:17-CV-00336
08-01-2018
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On February 22, 2018, this case was referred to United States Magistrate Judge Andrew M. Edison. Dkt. 6. On July 17, 2018, Judge Edison filed a Memorandum and Recommendation (Dkt. 18) recommending that Ramirez's Motion for Summary Judgment (Dkt. 8) be GRANTED, Commissioner's Motion for Summary Judgment (Dkt. 16) be DENIED, the decision of the Commissioner be REVERSED, and the case be REMANDED for reconsideration in accordance with this opinion and applicable law.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, 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 is APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) Ramirez's Motion for Summary Judgment (Dkt. 8) is GRANTED;
(3) Commissioner's Motion for Summary Judgment (Dkt. 16) is DENIED;
(4) The decision of the Commissioner is REVERSED; and
(5) The case is REMANDED for reconsideration in accordance with this opinion and applicable law.
It is so ORDERED.
SIGNED and ENTERED this 1st day of August, 2018.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE