Streeter v. Commissioner of Social Security

Filing 21

ORDER adopting 20 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appella te review. The Unopposed Motion for Entry of Judgment with Remand 19 is GRANTED. The final decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 11/17/2015. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TINA M. STREETER,
Plaintiff,
v.

Case No: 8:15-cv-1244-T-36AEP

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Anthony E. Porcelli on October 26, 2015 (Doc. 20). Magistrate Judge Porcelli
recommends that: (1) the Unopposed Motion for Entry of Judgment with Remand (Doc. 19) be
GRANTED and (2) the Clerk be DIRECTED to enter judgment for Plaintiff with instructions that
the Commissioner’s decision is REVERSED under sentence four of 42 U.S.C. § 405(g) and the
case is REMANDED for further administrative proceedings consistent with the reasons stated in
the Commissioner’s motion. Neither party has objected to the Report and Recommendation and
the time to do so has expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, 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 as follows:

(1)

The Report and Recommendation of the Magistrate Judge (Doc. 20) is ADOPTED,
CONFIRMED, and APPROVED in all respects and is made a part of this Order
for all purposes, including appellate review.

(2)

The Unopposed Motion for Entry of Judgment with Remand (Doc. 19) is
GRANTED.

(3)

The final decision of the Commissioner is REVERSED.

This case is

REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)
for further proceedings.
(4)

The Clerk is directed to terminate any pending motions, enter a judgment in favor
of Plaintiff, and close this case.

DONE and ORDERED at Tampa, Florida on November 17, 2015.

Copies furnished to:
Counsel of Record
U.S. Magistrate Judge Anthony E. Porcelli

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