Wilson v. Astrue
Filing
21
ORDER granting 16 Motion for Summary Judgment; denying 17 Motion to Affirm; adopting Report and Recommendations re 20 Report and Recommendations. IT IS FURTHER ORDERED THAT this matter is remanded to the Commissioner for further proceedings consistent with the report and recommendation. Signed by District Judge Daniel P. Jordan, III on 2/7/2014 (cwl)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JANIS WILSON o/b/o
Christopher Todd Wilson
PLAINTIFF
v.
CIVIL ACTION NO. 3:12cv707-DPJ-FKB
MICHAEL J. ASTRUE, COMMISSIONER
OF SOCIAL SECURITY
DEFENDANT
ORDER
This cause came on this date to be heard upon the Report and Recommendation of the
United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge F. Keith
Ball considered Plaintiff’s motion for summary judgment [16] and Defendant’s motion to affirm
[17]. Judge Ball concluded that Plaintiff’s motion should be granted, the Commissioner’s
motion should be denied, and the matter should be remanded to the Commissioner for further
proceedings.
In his January 22, 2014 Report and Recommendation, Judge Ball advised the parties that
they had fourteen days within which to file objections to his proposed findings, conclusions, and
recommendation. The time to file objections has now passed, neither party has filed an
objection, and neither party has asked for additional time in which to file an objection. The
Court, having fully reviewed the unopposed Report and Recommendation of the United States
Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said
Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court.
Plaintiff’s motion for summary judgment is granted, and Defendant’s motion to affirm is denied.
IT IS FURTHER ORDERED THAT this matter is remanded to the Commissioner for
further proceedings consistent with the report and recommendation.
SO ORDERED AND ADJUDGED this the 7th day of February, 2014.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE
2
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