Atkinson v. Astrue

Filing 50

ORDER granting 41 Motion for Judgment on the Pleadings; denying 46 Motion for Judgment on the Pleadings; and, adopting 49 Memorandum and Recommendations. Signed by Chief Judge Louise Wood Flanagan on 08/17/2011. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERJ'J DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5: 10-CV-298-FL

MICHAEL ANTONY ATKINSON,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the court on the Memorandum and Recommendation ("M&R") of
United States Magistrate Judge Robert B. Jones, Jr., regarding the parties' cross-motions for
judgment on the pleadings. No objections to the M&R have been filed, and the time within which
to make any objection has expired. This matter is ripe for ruling.
The court hereby ADOPTS the recommendation of the magistrate judge as its own, and, for
the reasons stated therein, plaintiffs motion is GRANTED, defendant's motion is DENIED, and this
matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings
consistent with the M&R. Plaintiffs motion to remand this case for consideration of new evidence
pursuant to sentence six of 42 U.S.C. § 405(g) is DENIED. The clerk of court is directed to close
the case.

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SO ORDERED, thIS the

1L
IT day of August, 2011.

LOUI E W. FLANAG
Chief United States District Ju ge