Lester v. Astrue

Filing 23

JUDGMENT / ORDER ADOPTING REPORT AND RECOMMENDATION wherein the 14 Motion for Summary Judgment filed by Michael J. Astrue is denied and the 12 Motion for Summary Judgment filed by James A. Lester is denied and this case is remanded pursuant to Sentence Four. Signed by Judge James P. Jones on June 30, 2011. (aec)

CLERICS OFFICE U.S. DIST. COURT

IN THE UNITED STATES DISTRICT COURT

AT ABS°N*VA

FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION

JUN 3 0 2011
JUL^fC. DUDLEY QLEIj
BY:/7 - vr*r- *

JAMES A. LESTER,

Plaintiff,

Case No. 1:10CV00012
JUDGMENT

COMMISSIONER OF

SOCIAL SECURITY,

By: James P. Jones
United States District Judge

Defendant.

It appearing that no objections have been timely filed to the Report filed
February 28, 2011, setting forth the findings and recommendations of the magistrate
judge, it is ADJUDGED AND ORDERED as follows:
1.

The Report and its findings and recommendations are wholly ACCEPTED

and APPROVED;

2.

The motions for summary judgment by the parties are DENIED;

3.

The final decision ofthe Commissioner ofSocial Security is VACATED

and this action is REIVLANDED to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) for further consideration in accord with the Report; and
4.

The clerk will close this case.

ENTER: June 30,2011

Unitea'States Dislrjct Judge