Allen v. Astrue

Filing 26

ORDER granting 17 Motion for Summary Judgment and adopting 25 Report and Recommendations. The Court remands this matter to the Commissioner for rehearing and reconsideration. See Order for details. Signed by Chief Judge David R. Herndon on 2/1/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WENDY L ALLEN,

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

No. 11-CV-0422-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
On May 20, 2011, Wendy Allen filed a complaint against the Commissioner of
Social Security, for judicial review of an administrative agency’s decision (Doc. 2).
Specifically, Allen seeks judicial review of the Commissioner’s decision finding that
she is not disabled and denying her disability insurance benefits.
On January 11, 2012, 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. 25).
The Report was sent to the parties with a notice informing them of their right
to appeal by way of filing “objections” by January 30, 2012. 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. 25) and GRANTS the
motion for summary judgment (Doc. 17). 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 1st day of February, 2012.

David R. Herndon
2012.02.01
10:24:08 -06'00'
Chief Judge
United States District Court

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