Catledge v. Astrue

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Tommie L. Catledge. It is RECOMMENDED that the decision of the Commissioner of Social Security denying plaintiff's benefits be REVERSED and the case REMANDED for further proceeding not inconsistent with this decision. Signed by Judge Kristi K. DuBose on 8/13/2010. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TOMMIE L. CATLEDGE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) CIVIL ACTION NO. 09-00606-KD-N ) ) ) ) ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 626(b)(1)(B) and dated July 28, 2010 is ADOPTED as the opinion of this Court and the decision of the Commissioner of Social Security denying plaintiff's benefits is REVERSED and REMANDED. This remand makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, and terminates this Court's jurisdiction over this matter. Done this 13th day of August, 2010. s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE