Stearns v. Commissioner of Social Security

Filing 21

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 in its entirety. The Court reverses the Commissioner of Social Security's denial of benefits and remands for further proceedings consistent with the report and recommendation. Further, the Court directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 12/5/13. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THOMAS G. STEARNS,
Plaintiff,
v.

Case No. 13-cv-225-JPG

COMMISSIONER OF SOCIAL SECURITY,
Defendant,

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc.
20) of Magistrate Judge Clifford J. Proud, wherein Magistrate Judge Proud recommends that the
Court reverse and remand the Commissioner of Social Security’s final decision.
After reviewing a magistrate judge’s report and recommendation, the Court may accept,
reject, or modify, in whole or in part, the findings or recommendations of the magistrate judge in
the report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to
which objections are made. The Court has discretion to conduct a new hearing and may consider
the record before the magistrate judge anew or receive any further evidence deemed necessary.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
1999).
The Court has received no objection to the R & R. The Court has reviewed the entire file
and finds that the R & R is not clearly erroneous. Accordingly, the Court ADOPTS the R & R
(Doc. 20) in its entirety, REVERSES the Commissioner of Social Security’s denial of benefits,

and REMANDS for further proceedings consistent with the R & R. Further, the Court
DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED:

December 5, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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