McConnell v. Social Security Administration Commissioner

Filing 10

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS and affirming decision of the the Aadministrative Law Judge. Signed by Honorable Jimm Larry Hendren on September 8, 2008. cc: ALJ & OH&A (ct) Modified on 9/8/2008 to add docket text (ct). Modified on 9/8/2008 (ct).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JIMMY A. MCCONNELL v. CIVIL NO. 07-5149 PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT

DEFENDANT

Now on this 8th day of September 2008, comes on for consideration the Report and Recommendation dated August 18, 2008 (document #8), by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas, and the response thereto of defendant Michael J. Astrue, Commissioner of the Social Security Administration

(document #9).

Ten (10) days have passed without objections The Court has reviewed this case, and advised, finds and orders as

being filed by plaintiff. being well and

sufficiently

follows: Defendant's response does not object to the analysis or substance of the Report and Recommendation. Rather, defendant

points out what he believes is a clerical error on the final page of the Report and Recommendation. Specifically, while the

magistrate judge found in defendant's favor on every substantive issue raised by plaintiff, that, the Report on and the Recommendation foregoing, we

ultimately

concludes

"[b]ased

recommend reversing the decision of the ALJ and remanding this

AO72A (Rev. 8/82)

case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g)." This recommendation is

inconsistent with the findings set forth in the Report and Recommendation and, as such, the Court agrees that this sentence is a clerical error. Accordingly, the Court adopts the findings of the Report and Recommendation, but discounts the conclusion of said report as a clerical error. decision of the Therefore, the Court hereby affirms the Law Judge; and dismisses

Administrative

plaintiff's complaint with prejudice. IT IS SO ORDERED.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)