Harper v. Astrue

Filing 15

ORDER granting 8 Motion for Summary Judgment; denying 12 Motion for Summary Judgment; adopting 14 Report and Recommendations; remanding to the commissioner; dismissing case from the active docket of the court.. Signed by Judge Norman K. Moon on 7/12/2011. (mab)

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IN THE U NITED S TATES D ISTRICT C OURT F OR THE W ESTERN D ISTRICT OF V IRGINIA C HARLOTTESVILLE D IVISION REBECCA HARPER, CIVIL ACTION NO . 3:10-cv-00056 Plaintiff, v. MICHAEL J. ASTRUE , COMMISSIONER OF SOCIAL SECURITY , Defendant. ORDER NORMAN K. MOON UNITED STATES DISTRICT JUDGE I referred this case to United States Magistrate Judge B. Waugh Crigler for proposed findings of fact and a recommended disposition. Upon consideration of the parties’ cross motions for summary judgment, Judge Crigler filed a Report and Recommendation (“Report”) that the case be remanded to the Commissioner. After a review of the entire record in this case, and no objection having been filed to the Report’s recommended disposition within fourteen days of its service upon the parties, I hereby ADOPT the Report (docket no. 14) in its entirety. Accordingly, Defendant’s motion for summary judgment (docket no. 12) is DENIED; Plaintiff’s motion for summary judgment (docket no. 8) is GRANTED; and this matter is REMANDED to the Commissioner, pursuant to 42 U.S.C. § 405(g). Any other pending motions are DENIED as MOOT, and this action is DISMISSED from the court’s active docket. The Clerk of the Court is directed to send a certified copy of this Order to all counsel of record and to United States Magistrate Judge B. Waugh Crigler. It is so ORDERED. 12th ENTERED this _____ day of July, 2011.

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