Guerrero v. Astrue

Filing 24

ORDER ADOPTING THE 23 MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED, TO GRANT PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION, VACATING THE ADMINISTRATIVE LAW JUDGES DECISION AND REMANDING THE CASE FOR FURTHER PROCEEDINGS. Signed by Chief JUDGE HELEN GILLMOR on March 9, 2009. (bbb, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Luisa S. Guerrero , ) ) Plaintiff, ) ) vs. ) ) Michael J. Astrue, ) Commissioner of Social ) Security , ) ) Defendant. ) _________________________ ) ____ 1:07-CV-00612-HG-LEK ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION

ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED, TO GRANT PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION, VACATING THE ADMINISTRATIVE LAW JUDGES DECISION AND REMANDING THE CASE FOR FURTHER PROCEEDINGS Findings and Recommendation having been filed and served on all parties on February 13, 2009, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant

to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the Findings and Recommendation (Doc. 23) are adopted as the opinion and order of this Court with the following modification on Page 31, line 10: the sentence should read: "This Court therefore finds that the ALJ's hypothetical was incomplete." The

rest of the sentence is deleted. IT IS SO ORDERED. DATED: March 9, 2009, Honolulu, Hawaii.

_/s/ Helen Gillmor_________________ Chief United States District Judge

cc:all parties of record