Hoffman v. Commissioner of Social Security

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 23 ; denying 13 Motion for Summary Judgment; denying 17 Motion for Summary Judgment; granting 22 Motion to Remand by Chief Judge Ralph R. Erickson. Matter is remanded for further proceedings. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Jay M. Hoffman,
Plaintiff,
vs.
Social Security Administration
Commissioner, Michael J. Astrue
Defendant.

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Case No. 3:11-cv-42
ORDER ADOPTING
REPORT AND RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, recommending that both parties’ motions for summary judgment
be denied (Docs. #13 and 17), but that the plaintiff’s motion for remand be granted (Doc. #22).
Neither party has objected to the Report and Recommendation.
The Court has reviewed the Report and Recommendation, along with the entire record in this
matter, and finds that the Magistrate Judge’s position is correct. The Court adopts the Report and
Recommendation in its entirety and ORDERS that both parties’ motions for summary judgment are
DENIED. It is FURTHER ORDERED that Jay M. Hoffman’s motion for remand is GRANTED.
This matter shall be remanded for further proceedings in accordance with this Order and the
Magistrate Judge’s Report and Recommendation.
IT IS SO ORDERED.
Dated this 1st day of August, 2012
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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