Donaldson v. Commissioner of Social Security
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety 30 REPORT AND RECOMMENDATIONS, granting re 21 MOTION for Summary Judgment filed by Modest E Donaldson. The Court reverses the final decision of the Commissioner of Social Security and remands the case to the Commissioner for rehearing. The Court directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/27/2012. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MODEST E. DONALDSON,
Case No. 11-cv-554-JPG
MICHAEL J. ASTRUE,
Commissioner of Social Security,
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
30) of Magistrate Judge Clifford J. Proud recommending that the Court (1) grant the motion for
summary judgment filed by plaintiff Modest E. Donaldson (Doc. 21), (2) reverse the
Commissioner’s final decision finding Donaldson is not disabled and denying her application for
Supplemental Security Income benefits and (3) remand the matter for rehearing and a new decision
pursuant to sentence four of 42 U.S.C. § 405(g).
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3).
The Court must review de novo the portions of the report to which objections are made. Id. “If no
objection or only partial objection is made, the district court judge reviews those unobjected
portions for clear error.” Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:
ADOPTS the Report in its entirety (Doc. 30);
GRANTS Donaldson’s motion for summary judgment (Doc. 21);
REVERSES the final decision of the Commissioner of Social Security;
REMANDS the case to the Commissioner for rehearing and a new decision pursuant to
sentence four of 42 U.S.C. § 405(g), and
DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: July 27, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
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