LEMAR v. COLVIN

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE COMMISSIONER'S MOTION FOR REMAND IS GRANTED, MS. LEMAR'S REQUEST FOR REVIEW IS DEEMED MOOT, THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS REVE RSED AND THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/19/15. 8/20/15 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIERA A. LEMAR,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION

No. 14-4606

ORDER
AND NOW, this ___ day of August, 2014, upon consideration of Ms. Lemar’s Brief and
Statement of Issues in Support of Request for Review (Docket No. 13) and Defendant’s Motion
to Remand (Docket No. 15), and after review of United States Magistrate Judge Elizabeth T.
Hey’s Report and Recommendation (Docket No. 16), to which no objections have been filed, 1 it
is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Commissioner’s Motion for Remand is GRANTED, Ms. Lemar’s Request for
Review is deemed MOOT, the decision of the Commissioner of the Social Security
Administration is REVERSED, and the matter is REMANDED to the
Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings
consistent with Judge Strawbridge’s Report and Recommendation.
3. The Clerk of Court shall mark this case CLOSED for all purposes, including
statistics.
1

The Local Rules provide that “[a]ny party may object to a magistrate judge’s order
determining a motion or matter . . . within fourteen (14) days after issuance of the magistrate
judge’s order . . . .” E.D. Pa. Local R. Civ. P. 72.1(IV)(a). Judge Hey issued her Report and
Recommendation on February 24, 2015; objections were therefore due March 11, 2015.

Furthermore, Ms. Lemar’s Motion to Dismiss her EAJA Petition as Moot (Doc. No. 18)
is GRANTED. Ms. Lemar’s Petition for Attorneys’ Fees Under the Equal Access to Justice Act
(Doc. No. 17) is accordingly deemed MOOT.

BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge