Dexter v. Commissioner of Social Security

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS and ORDER OF REMAND: Case remanded to Social Security for further evidence. The Court ADOPTS the 23 REPORT AND RECOMMENDATIONS re 2 Complaint filed by Sandra Dexter. Magistrate Judge Clifford J. Proud referral terminated. Signed by Chief Judge David R. Herndon on 6/28/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SANDRA DEXTER,
for Richard B. Dexter, deceased,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

No. 10-CV-0969-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
On December 2, 2010, Sandra Dexter, for Richard B. Dexter, by and
through her attorney, filed a complaint against the Commissioner of Social Security,
for judicial review of an administrative agency’s decision (Doc. 2). Specifically,
Dexter seeks judicial review of the Commissioner’s decision finding that Richard
Dexter was not disabled and denying him supplemental security income.
On June 8, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), United States
Magistrate Judge Clifford J. Proud submitted a Report and Recommendation (“the
Report”) recommending that the Court reverse the Commissioner’s final decision and
remand this case to the Commissioner for rehearing and reconsideration of the
evidence pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 23).
The Report was sent to the parties with a notice informing them of their
right to appeal by way of filing “objections” by June 27, 2011. To date, none of the
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parties have filed objections, and the period in which to file objections has expired.
Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo
review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Thus, the Court ADOPTS the Report in its entirety (Doc. 23). The Court
REMANDS this case to the Commissioner for rehearing and reconsideration of the
evidence, pursuant to sentence four of 42 U.S.C. § 4-5(g).
IT IS SO ORDERED.
Signed this 28th day of June, 2011.
Digitally signed by
David R. Herndon
Date: 2011.06.28
15:31:53 -05'00'

Chief Judge
United States District Court

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