Swygert v. Social Security Administration

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS 31 terminating 26 Motion for Summary Judgment filed by Barry Swygert and reversing the ruling of the Commissioner and remanding the matter for a re-evaluation of plaintiff's complaints. This is a "sentence four" remand. Signed by Judge Brian S. Miller on 3/29/10. (bkp)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BARRY E. SWYGERT v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER The court has reviewed the proposed findings and recommended disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The findings and recommendations are adopted in their entirety. THEREFORE, the clerk is directed to terminate plaintiff's motion for summary judgment [Doc. No. 26]. The ruling of the Commissioner is hereby reversed and the matter remanded for a reevaluation of plaintiff's complaints in accordance with the court's opinion. This is a "sentence four" remand within the meaning of 42 U.S.C. 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). IT IS SO ORDERED this 29th day of March, 2010. CASE NO. 5:08cv00306 BSM PLAINTIFF DEFENDANT UNITED STATES DISTRICT JUDGE

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