MOORER v. ASTRUE

Filing 18

ORDER ADOPTING THE MAGISTRATE JUDGE'S 17 REPORT AND RECOMMENDATION. GRANTING 16 Motion to Remand filed by MICHAEL J ASTRUE. This case is REMANDED to the Commissioner for further consideration as explained in the defendant's memorandum in support of his motion to remand. Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/7/2010. (pll)

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

WILLIE JAMES MOORER, as Personal Representative of Alfonzo Golston, deceased, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 3:09cv461-WS/EMT

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation docketed April 22, 2010. See Doc. 17. The magistrate judge recommends that the case be reversed and remanded to the Commissioner for further consideration. Upon review of the record, this court has determined that the recommendation should be adopted. Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 15) is adopted and incorporated by reference in this order of the court.

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2. The defendant's motion to remand (doc. 16) is GRANTED, and the Commissioner's decision is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g). 3. This case shall be REMANDED to the Commissioner for further consideration as explained in the defendant's memorandum in support of his motion to remand. 4. The clerk shall enter judgment accordingly. DONE AND ORDERED this 7th day of May , 2010.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE