Preslicka v. Commissioner of Social Security

Filing 22

Order Granting in Part 12 Plaintiff's Motion for Summary Judgment; Denying 18 Defendant's Motion for Summary Judgment; and Adopting Report and Recommendations 20 . This matter is remanded to the Commissioner for further proceedings in accordance with the Report and Recommendation, pursuant to the fourth sentence of 42 U.S.C. Section 405(g). LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion)Signed by Senior Judge Paul A. Magnuson on 02/26/2009. (LM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Steve A. Preslicka, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Jeffrey J. Keyes dated January 8, 2009. The R&R recommended that this Court grant Plaintiff's Motion for Summary Judgment in part, deny Defendant's Motion for Summary Judgment, and remand to the Commissioner for proceedings consistent with the R&R. The Government has no objections to the R&R. The Court therefore ADOPTS the R&R (Docket No. 20). Accordingly, IT IS HEREBY ORDERED that: 1. 2. Defendant's Motion for Summary Judgment (Docket No. 18) is DENIED; Plaintiff's Motion for Summary Judgment (Docket No. 12) is GRANTED in part; and ORDER Civil No. 07-4237 (PAM/JJK)

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This matter is remanded to the Commissioner for further proceedings in accordance with the R&R, pursuant to the fourth sentence of 42 U.S.C. § 405(g).

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Thursday, February 26, 2009

s/ Paul A. Magnuson
Paul A. Magnuson United States District Court Judge

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