SMITH v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 19

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 15 Report and Recommendations for 12 Motion Remand to Agency. By JUDGE D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MONTE SMITH, PLAINTIFF v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:12-CV-07-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 29, 2012, the United States Magistrate Judge filed with the court, with copies to counsel, his Report and Recommended Decision. The plaintiff filed his objection to the Magistrate Judge’s Recommended Decision on September 17, 2012. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The motion to remand is GRANTED. The plaintiff shall receive a full de novo hearing on remand, as the Commissioner’s counsel has agreed. Def.’s Reply to Pl.’s Objection to Recommended Dec. to Remand at 2 (ECF No. 18). SO ORDERED. DATED THIS 9TH DAY OF OCTOBER, 2012 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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