THOMPSON v. ASTRUE

Filing 21

ORDER ADOPTING the 20 Report and Recommendation. 2.) Defendant's Motion to Remand (Doc. 19 ) is GRANTED, and the Commissioner's decision denying benefits is REVERSED. 3.) This case is REMANDED to the Commissioner of So cial Security pursuant to sentence four of 42 U.S.C. § 405(g). 4.) Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 20 ). 5.) The clerk is directed to enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge M CASEY RODGERS on 8/20/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

JANICE THOMPSON, 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 20, 2009 (Doc. 20). 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). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, 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. 19) is GRANTED, and the Commissioner's decision denying benefits is REVERSED. 3. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). 4. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 20). Case No.: 3:08cv556/MCR/EMT

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5. The clerk is directed to enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 6. The clerk is directed to administratively close this file.

DONE AND ORDERED this 20th day of August, 2009.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

Case No: 3:08cv556/MCR/EMT