Shirzay v. Astrue

Filing 21

Judge Joseph L. Tauro: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS Action on motion: After considering the Report and Recommendation 20 of Magistrate Judge Boal, and noting that Defendant has not filed any objection, this court hereby A CCEPTS and ADOPTS the Report and Recommendation 20 for the reasons set forth therein. Accordingly, Defendant's Motion for Order Affirming Decision of Commissioner 18 is DENIED. Plaintiff's Motion for Order Reversing Decision of Commiss ioner 15 is DENIED WITHOUT PREJUDICE, and this case is REMANDED to the commissioner pursuant to sentence four of 42 USC § 405 (g) for further findings and/or proceedings consistent with Magistrate Judge Boal's Report and Recommendation. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
WALI SHIRZAY,

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Civil Action No. 10-11661-JLT

ORDER
February 6, 2012
TAURO, J.
After considering the Report and Recommendation [#20] of Magistrate Judge Boal, and
noting that Defendant has not filed any objection, this court hereby ACCEPTS and ADOPTS the
Report and Recommendation [#20] for the reasons set forth therein. Accordingly, Defendant’s
Motion for Order Affirming Decision of Commissioner [#18] is DENIED.

Plaintiff’s Motion for

Order Reversing Decision of Commissioner [#15] is DENIED WITHOUT PREJUDICE, and this
case is REMANDED to the commissioner pursuant to sentence four of 42 U.S.C. §405(g) for
further findings and/or proceedings consistent with Magistrate Judge Boal’s Report and
Recommendation.

IT IS SO ORDERED.

/s/ Joseph L. Tauro
United States District Judge