Virden v. Astrue

Filing 30

ORDER granting 15 Motion for Summary Judgment and adopting 29 Report and Recommendations. The Court REMANDS this case to the Commissioner for rehearing and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Chief Judge David R. Herndon on 11/22/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JUSTIN VIRDEN,

Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

No. 11-CV-0189-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
On March 11, 2011, Justin Virden filed a complaint against the Commissioner
of Social Security, for judicial review of an administrative agency’s decision (Doc. 2).
Specifically, Virden seeks judicial review of the Commissioner’s decision regarding
claims for social supplemental security income and security disability insurance
benefits which adversely affects him.
On November 4, 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 grant plaintiff’s motion for summary
judgment, 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. 29).
The Report was sent to the parties with a notice informing them of their right
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to appeal by way of filing “objections” by November 21, 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).
Thus, the Court ADOPTS the Report in its entirety (Doc. 29) and GRANTS the
motion for summary judgment (Doc. 15). The Court REMANDS this case to the
Commissioner for rehearing and reconsideration of the evidence, pursuant to
sentence four of 42 U.S.C. § 405(g). Further, the Court DIRECTS the Clerk of the
Court to enter judgment reflecting the same.
IT IS SO ORDERED.
Signed this 22nd day of November, 2011.

David R.
Herndon
2011.11.22
18:03:07 -06'00'
Chief Judge
United States District Court

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