Prichett v. Astrue

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 27 ; granting 23 Motion for Summary Judgment and judgment is entered in favor of plaintiff. Matter is REMANDED to the Commissioner for rehearing and reconsideration of the evidence. Each party to bear its own costs. Clerk to enter judgment accordingly. Signed by Judge William D. Stiehl on 10/11/2011. (jaf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JUDY L. PRITCHETT,

)
)
Plaintiff,
)
)
v.
)
)
)
MICHAEL J. ASTRUE, Commissioner of )
Social Security,
)
)
Defendant.
)

NO. 10-CV-804-WDS

MEMORANDUM AND ORDER
STIEHL, District Judge:
This matter is before the Court on a Report and Recommendation (Doc. 27) of United States
Magistrate Judge Clifford J. Proud that plaintiff’s motion for summary judgment (Doc. 23) be
granted1, that judgment be entered in favor of the plaintiff and that the Commissioner’s final
decision be reversed and remanded for rehearing and reconsideration of the evidence pursuant to
sentence four (4) of 42 U.S.C. § 405(g). The magistrate judge’s Report and Recommendation
included a notice that objections were to be filed on or before July 25, 2011. To date, no objections
have been filed.
Upon review of the record, the Court ADOPTS the magistrate judges’ Report and
Recommendation and GRANTS plaintiff’s motion for summary judgment and the decision of the

1

The Recommendation states, in the conclusion, that the motion should be “denied” but, that
recommendation is clearly an error. The recommendation language and discussion concludes that the
Commissioner’s decision was based on legal errors and was not supported by substantial evidence. Moreover, the
recommendation is that judgment be entered in favor of the movant, plaintiff. Accordingly, the Court construes the
concluding paragraph to have intended to include the recommendation that the Court grant (not deny) summary
judgment.

Commissioner is REVERSED and this matter is REMANDED to the Commissioner for rehearing
and reconsideration of the evidence pursuant to Sentence four (4) of 42 U.S.C. §405(g).
The Clerk of the Court is directed to enter judgment accordingly. Each party shall bear its
own costs.
IT IS SO ORDERED.
DATE: 11 October, 2011
/s/ WILLIAM D. STIEHL
DISTRICT JUDGE

2