PACE v. ASTRUE

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 26 Report and Recommendation; GRANTING 25 Motion to Remand filed by MICHAEL J ASTRUE. Signed by JUDGE STEPHAN P MICKLE on 5/28/2009. The Commissioners decision shall be reversed and remanded to the Commissioner at the Social Security Administration for rehearing, pursuant to 42 U.S.C. § 405(g). (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION GLENDA D. PACE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. ___________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court on the Magistrate Judge's Report and Recommendation (doc. 26). The parties 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, it is hereby ORDERED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 26) is ADOPTED and incorporated by reference in this order. 2. 3. Defendant's motion for remand (doc. 25) is granted. The Commissioner's decision shall be reversed and remanded to the Commissioner at the Social Security Administration for rehearing, pursuant to 42 U.S.C. § 405(g). CASE NO. 4:08cv342-SPM/AK

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4.

The Clerk shall enter a judgment reversing the decision of Defendant Commissioner.

DONE AND ORDERED this twenty-eighth day of May, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge