PRETTO v. ASTRUE

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION. Defendant's Motion to Remand 21 is GRANTED, and the Commissioner's decision denying benefits are REVERSED. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff's case is to be assigned to a new ALJ upon remand. That ALJ who presided over Plaintiff's administrative hearing will be provided with a copy of the Report and Recommendation 23 , as was done in Case Number 3:07cv509/RV/EMT. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation. Signed by SENIOR JUDGE LACEY A COLLIER on 8/5/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TEBRA PRETTO, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated July 2, 2009 (Doc. 23). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. 2. Defendant's Motion to Remand (Doc. 21) is GRANTED, and the Commissioner's decision denying benefits are REVERSED. 3. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). 4. Plaintiff's case is to be assigned to a new ALJ upon remand. That ALJ who presided over Plaintiff's administrative hearing will be provided with a copy of the Report and Recommendation (Doc. 23), as was done in Case Number 3:07cv509/RV/EMT. Case No.: 3:08cv397/LAC/EMT

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5. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 23). 6. The clerk is directed to enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and administratively close this file. DONE AND ORDERED this 5th day of August, 2009.

s /L .A . Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:08cv397LAC/EMT