Trusley v. Social Security Administration Commissioner

Filing 11

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; REMANDING CASE TO SSA for further development of the record. Signed by Honorable Harry F. Barnes on March 24, 2009. (cc: R/R and Judgment to OHA)(cnn)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

D E B R A L. TRUSLEY

P L A I N T IF F

VS.

C A S E NO. 4:08-CV-4020

M IC H A E L J. ASTRUE, Commissioner S o cia l Security Administration

DEFENDANT

JUDGM ENT B e fo r e the Court is a Report and Recommendation filed March 4, 2009, by the Honorable B a rry A. Bryant, Untied States Magistrate Judge for the Western District of Arkansas. (Doc. No. 1 0 ). Judge Bryant recommends that this case be reversed and remanded for further development o f the record. Defendant has not filed objections to the Report and Recommendation, and the tim e to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and R e co m m e n d a tio n in toto. The matter is hereby REVERSED AND REMANDED for further d e v e lo p m e n t of the record. If plaintiff wishes to request an award of attorneys' fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after th e judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for a p p e a l has ended. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. § § 2412(d)(1)(B), (d)(2)(G). IT IS SO ORDERED, this 24 th day of March, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes U n i te d States District Judge