BURLINGAME v. ASTRUE

Filing 19

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS ACTION FROM THE SUSPENSE DOCKET; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART; THE PLAINTIFF'S REQUEST FOR REVERSAL IS GRANTED; AND THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/7/11. 7/7/11 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
DAVID A. BURLINGAME,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_____________________________________

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION
NO. 10-714

ORDER
AND NOW, this 7th day of July 2011, after careful review and independent
consideration of Plaintiff’s request for review, Defendant’s response, the Report and
Recommendation of United States Magistrate Judge Linda Caracappa, the objections to the
Report and Recommendation and the response thereto, it is hereby ORDERED that:
1.

The Clerk of Court is directed to remove this action from the suspense docket and
return it to the active docket;

2.

The Report and Recommendation is APPROVED and ADOPTED IN PART as
set forth in the accompanying Memorandum Opinion;

3.

The Plaintiff’s request for reversal is GRANTED; and

4.

The case is REMANDED to the Commissioner for further review consistent with
the Report and Recommendation and the accompanying Memorandum Opinion.

It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.