Opinion
15-CV-534A
06-16-2016
ALBERT L. ROSE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
DECISION AND ORDER
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 6, 2016, Magistrate Judge Scott filed a Report and Recommendation (Dkt. No. 14), recommending that the decision of the Commissioner be reversed, and that this matter be remanded for further administrative proceedings. Magistrate Judge Scott further recommended that defendant's motion for judgment on the pleadings (Dkt. No. 12) should be denied, and that plaintiff's motion for similar relief in his favor (Dkt. No. 9) should be granted.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the decision of the Commissioner is reversed, and this matter is remanded for further administrative proceedings. It is further ORDERED that defendant's motion for judgment on the pleadings (Dkt. No. 12) is denied, and plaintiff's motion for similar relief in his favor (Dkt. No. 9) is granted.
The Clerk of Court shall take all steps necessary to close the case.
IT IS SO ORDERED.
/s/_________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT Dated: June 16, 2016