Hinkle v. Kijakazi, No. 2:2022cv00487 - Document 19 (E.D. Va. 2023)

Court Description: REMAND ORDER. The Court does hereby ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the Magistrate Judge's 18 Report and Recommendation. Plaintiff's 9 Motion for Summary Judgment is GRANTED; the Commissioner 9;s 11 Motion for Summary Judgment is DENIED; the final decision of the Commissioner is VACATED; and this case is REMANDED to the Commisioner for further proceedings. This case is DISMISSED and closed on this court's docket. Signed by District Judge Rebecca Beach Smith on 9/13/23. (jhie, )

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Hinkle v. Kijakazi Doc. 19 Case 2:22-cv-00487-RBS-RJK Document 19 Filed 09/13/23 Page 1 of 3 PageID# 123 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division PETER J. H.,1 Plaintiff, Civil Action No. V. 2;22cv487 KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant. REMAND This matter comes before ORDER the court on Summary Judgment and Brief in Support. the Acting Commissioner ("Commissioner"), filed on April 6, 2023. a the ECF Nos. 9, 10. Social Cross-Motion ECF Nos. Memorandum in Support. was filed on March 31, of 2023, ECF Nos. 11, Plaintiff's Security for 12. Motion for Defendant, Administration Summary Judgment and Plaintiff's Reply Brief and Commissioner filed its Sur-Reply 13, 17. On January 23, 2023, this matter was referred to United States Magistrate Judge Robert J. 28 U.S.C. § of Procedure, Civil 1 In Judicial 636 (b) (1) (B) - (C) to accordance Conference, privacy reasons. Krask, and Rule conduct with a necessary of the Federal hearings, Rules including recommendation of the last name has been redacted for On Ct. Admin. Privacy Concern Regarding Opinions 3 (2018). 72(b) committee plaintiff's Comm. pursuant to the provisions of Social & Case Mgmt. Jud. Security and Conf. U.S., Immigration Dockets.Justia.com Case 2:22-cv-00487-RBS-RJK Document 19 Filed 09/13/23 Page 2 of 3 PageID# 124 evidentiary hearings, judge proposed and to findings submit of to the undersigned district applicable. if fact, recommendations for the disposition of the matter. The United Recommendation ("R&R") Judge's Magistrate States ECF was filed on August 14, 2023. and No. 7. Report and ECF 18. No. The R&R recommends that Plaintiff's Motion for Summary Judgment be granted, the Commissioner's Motion for Summary Judgment be denied, and this case be remanded to the Commissioner for further proceedings. By copy of the R&R, to file the parties were advised of their right written objections to the findings and recommendations made by the Magistrate Judge within fourteen (14) days of the date of service of the R&R to the See objecting party. id. at 29-30. No objections were filed by either party, and the time for filing objections has expired. The court, having reviewed the record in its entirety, does hereby ADOPT AND APPROVE IN FULL the findings and recommendation s^ set forth in R&R, filed Plaintiff's 2 filed, error the on Magistrate August Motion 14, for Judge's 2023. Summary thorough ECF No. and well-reasoned Accordingly, 18. Judgment IS GRANTED; the As no objections to the Report and Recommendation were this court must 'only satisfy itself that there is no clear on the face of the record in order to accept the recommendation. t ir Diamond v. 416 F.3d 310, 315 (4th Cir. advisory committee’s note). Colonial 2005) 2 Life (quoting & Accident Fed. R. Ins. Civ. Co., P. 72 Case 2:22-cv-00487-RBS-RJK Document 19 Filed 09/13/23 Page 3 of 3 PageID# 125 Commissioner's Motion decision of the REMANDED to the with the Magistrate's this case is for Summary Commissioner Commissioner DISMISSED R&R is Judgment VACATED; for and closed and further filed August on this is DENIED; this case proceedings 14, is final hereby consistent Accordingly, 2023. court's the docket. The Clerk is DIRECTED to send a copy of this Remand Order to counsel for all parties and to effect the Remand. IT IS SO ORDERED. M Rebecca Beach Smith Senior United States District Judge REBECCA SENIOR UNITED September 13 , 2023 3 BEACH STATES SMITH DISTRICT JUDGE

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