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16-027 - Murphy v. Commissioner Of Social Security Administration

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16-027 - Murphy v. Commissioner Of Social Security Administration
February 1, 2017
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District Judge. Signed by Magistrate Judge Michael John Aloi on 2/1/2017. (kac) (Copy to counsel)REPORT AND RECOMMENDATION: I RECOMMEND that Plaintiff's 9 Motion for Summary Judgment be GRANTED, 11 Defendants Motion for Summary Judgment be DENIED, and this case be REMANDED for the calculation and award of benefits, because remand for any other purpose would certainly constitute an entirely unnecessary delay, and would serve no meaningful purpose. Any party may, within fourteen (14) days after being served with a copy of this Report and Recommendation, file with the Clerk of the Court written objections identifying the portions of the Report and Recommendation to which objections are made, and the basis for such objections. A copy of such objections should also be submitted to the Honorable Frederick P. Stamp, United States
March 13, 2017
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MEMORANDUM OPINION AND ORDER DECLINING TO AFFIRM AND ADOPT 14 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE IN ITS ENTIRETY, GRANTING 11 THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DENYING 9 THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. It is further ORDERED that this case be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is directed to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/13/2017. (copy to counsel via CM/ECF) (nmm) Modified docket text on 3/20/2017 to include "dismissed/stricken" language (nmm).