Ingle v. Astrue

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 and granting 12 MOTION for Summary Judgment filed by Claudia Ingle. The final decision ofthe Commissioner finding that plaintiff is not disabled is REVERSED and REMANDED back to the Commissioner for r ehearing and reconsideration of evidence, consistent with the issues addressed in the Report. The Clerk is to enter judgment accordingly. Magistrate Judge Magistrate Judge Clifford J. Proud referral terminated. Signed by Chief Judge David R. Herndon on 11/21/2011. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLAUDIA INGLE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

No. 10-cv-1002-DRH-CJP
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Before the Court is a Report and Recommendation (the Report) (Doc. 20)
issued on October 28, 2011, by United States Magistrate Judge Clifford J. Proud
recommending that the final decision of the Commissioner of Social Security (the
Commissioner) finding that plaintiff Claudia Ingle is not disabled and therefore not
entitled to disability insurance benefits be reversed and remanded to the
Commissioner for rehearing and reconsideration of the evidence pursuant to
sentence four of 42 U.S.C. § 405(g).

Accordingly, Magistrate Judge Proud

recommends that plaintiff’s motion for summary judgment (Doc. 12) be granted.
Upon issuance, the Report was sent to the parties with a notice
informing them of their right to appeal by way of filing “objections” by November 17,
2011. To date, none of the 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).

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Thus, the Court ADOPTS the Report in its entirety (Doc. 20). The final decision of
the Commissioner finding that plaintiff is not disabled is REVERSED and
REMANDED

back to the Commissioner for rehearing and reconsideration of

evidence, consistent with the issues addressed in the Report. The Clerk is to enter
judgment accordingly.
IT IS SO ORDERED.
Signed this 21st day of November, 2011.
David R. Herndon
2011.11.21
06:49:31 -06'00'

Chief Judge
United States District Court

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