Brown v. Astrue

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS, granting in part and denying in part 13 Motion for Summary Judgment and denying 14 Cross-Motion for Summary Judgment. This matter is remanded to the Commissioner for further administrative proceedings consistent w/the Report and Recommendations. Judgment entered in favor of Plaintiff and against Dft. Clerk of Court must enter judgment and close its file in this matter. Signed by Judge Cindy K Jorgenson on 9/14/09. (SSU, )

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. KEITH BROWN, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 08-196-TUC-CKJ ORDER On August 21, 2009, Magistrate Judge Jacqueline Marshall issued a Report and Recommendation [Doc. # 22] in which she recommended that Plaintiff's Motion for Summary Judgment [Doc. # 13] be granted in part an denied in part, Defendant's CrossMotion for Summary Judgment [Doc. # 14] be denied, and this matter be remanded for further administrative proceedings. No objections have been filed within the time provided by 28 U.S.C. 636(b). Accordingly, after an independent review, IT IS ORDERED: 1. 2. The Report and Recommendation [Doc. # 22] is ADOPTED; Plaintiff's Motion for Summary Judgment [Doc. # 13] is GRANTED in part and DENIED in part; 3. 4. Defendant's Cross-Motion for Summary Judgment [Doc. # 14] is DENIED; This matter is REMANDED to the Commissioner for further administrative proceedings consistent with the Report and Recommendation, as adopted by this Court. 5. Judgment shall be entered in favor of Plaintiff and against Defendant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The Clerk of the Court shall enter judgment in this case and shall then close its file in this matter. DATED this 14th day of September, 2009. -2-

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