Alexander v. Astrue et al

Filing 20

ORDER denying 15 MOTION for Summary Judgment filed by Michael J. Astrue, affirming 17 Memorandum and Recommendations, granting 14 MOTION for Summary Judgment filed by Teresa Alexander. Signed by Senior Judge Graham Mullen on 11/21/08. (dtr)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:08CV178

TERESA ALEXANDER,

) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ______________________________)

ORDER

This matter is before the Court upon the memorandum and recommendation of United States Magistrate Carl Horn, III, filed October 31, 2008. The parties were advised that pursuant to 28 U.S.C. § 636(b)(1)(C), written objections to the memorandum and recommendation must be filed within 10 days after service of the memorandum. The Defendant timely filed an objection. After an independent and thorough review of the magistrate's memorandum, Defendant's objections thereto, and a de novo review of the record, the Court concludes that the recommendation to deny the Commissioner's Motion for Summary Judgment and grant the Plaintiff's Motion for Summary Judgment is correct and in accordance with law. Accordingly, the findings and conclusions of the magistrate are accepted, Plaintiff's Motion for Summary Judgment is GRANTED, and the Commissioner's Motion for Summary Judgment is DENIED. IT IS THEREFORE ORDERED that the memorandum and recommendation of the

magistrate is hereby AFFIRMED. Signed: November 21, 2008