Norris v. Commissioner of Social Security

Filing 13

ORDER adopting 12 Report and Recommendation of the Magistrate Judge. Defendant Commissioner of Social Security's Unopposed Motion to Remand 11 is GRANTED. This case is REMANDED to the Commissioner pursuant to sentence six of 42 U.S.C. Se ction 405(g) for further administrative action, as set forth in this Order. The parties are directed to provide the Court with status reports every ninety (90) days, commencing May 13, 2013, and every ninety days thereafter. The Court hereby retains jurisdiction over this matter. The Clerk is directed to administratively close this file and withhold the entry of a final judgment in this case. Signed by Judge Charlene Edwards Honeywell on 2/13/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GINNY LYNN NORRIS,
Plaintiff,
v.

Case No: 6:12-cv-1632-Orl-36TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________________
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate
Judge Thomas B. Smith, filed on January 29, 2013 (Doc. 12).

In the Report and

Recommendation, Magistrate Judge Smith recommends that the Court remand this case to
Defendant Commissioner of Social Security (the “Commissioner”) pursuant to sentence six of 42
U.S.C. § 405(g) for further administrative action. See id. Neither party has filed an objection to
the Report and Recommendation and the time to do so has expired.
On January 25, 2013, the Commissioner filed an Unopposed Motion to Remand (“Motion
to Remand”) (Doc. 11). In the Motion to Remand, the Commissioner states that it wishes to take
further administrative action in this case. Specifically, the Commissioner states, and Magistrate
Judge Smith agrees, that the administrative record is incomplete and must be prepared. Id.
Plaintiff Ginny Lynn Norris does not oppose the Commissioner’s Motion to Remand. As such,
the Court is of the opinion that the Magistrate Judge’s Report and Recommendation should be
adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 12) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

2.

Defendant Commissioner of Social Security’s Unopposed Motion to Remand
(Doc. 11) is GRANTED.

This case is REMANDED to the Commissioner

pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative action, as
set forth in this Order.
3.

The parties are directed to provide the Court with status reports every ninety (90)
days, commencing May 13, 2013, and every ninety days thereafter..

4.

The Court hereby retains jurisdiction over this matter.

5.

The Clerk is directed to administratively CLOSE this file and withhold the entry
of a final judgment in this case.

DONE and ORDERED in Orlando, Florida on February 13, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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