PARKER v. ASTRUE

Filing 32

ORDER ADOPTING 29 REPORT AND RECOMMENDATION. 2. The decision of the Commissioner is reversed. The Commissioner is ordered to remand this case to the Administrative Law Judge for further proceedings consistent with the Report and Recommendation. 3. The clerk is directed to enter judgment in favor of Plaintiff pursuant to sentence four of 42 U.S.C. §405(g) and to then close the file. 4. Plaintiff's Motion To Stay Proceedings Or Remand Pursuant To SentenceSix 21 is denied as moot. Signed by JUDGE RICHARD SMOAK on 8/5/2010. (jcw)

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PARKER v. ASTRUE Doc. 32 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DAVID A. PARKER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. __________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 29). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The decision of the Commissioner of Social Security is reversed. The Commissioner is ordered to remand this case to the Administrative Law Judge for further proceedings consistent with the Report and Recommendation. 3. The clerk is directed to enter judgment in favor of Plaintiff pursuant to sentence four of 42 U.S.C. §405(g) and to then close the file. 4. Plaintiff's Motion To Stay Proceedings Or Remand Pursuant To Sentence Six (Doc. 21) is denied as moot. CASE NO. 5:09cv189/RS-EMT Dockets.Justia.com ORDERED on August 5, 2010. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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