Smith v. Colvin

Before the Court is the Report and Recommendation filed by the Honorable H. Bruce Guyton, United States Magistrate Judge. [R. 24]. There have been no timely objections to the Report and Recommendation, and enough time has passed since its filing to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).

After a careful review of the record and the parties' pleadings, the Court is in complete agreement with the Magistrate Judge's recommendation that Plaintiff's Motion for Judgment Based upon the Administrative Record [R. 16] be GRANTED IN PART, and the Commissioner's Motion for Summary Judgment [R. 21] be DENIED.

Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that the Plaintiff's Motion for Judgment Based upon the Administrative Record [R. 16] is GRANTED IN PART, and the Commissioner's Motion for Summary Judgment [R. 21] is DENIED.

IT IS SO ORDERED.

/s/ _________

UNITED STATES DISTRICT JUDGE