Ahern v. Astrue

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 14 Motion for Summary Judgment; denying 20 Motion for Summary Judgment; adopting 23 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 3/29/12. (kld) (Main Document 24 replaced on 3/29/2012) (kld).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
KEVIN O. AHERN,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

)
)
) Civil Action No. 5:11cv00070
)
)
) By: Michael F. Urbanski
)
United States District Judge
)
)
ORDER

This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The Magistrate Judge filed a report and recommendation on March 5, 2012
recommending that the Commissioner’s motion for summary judgment be denied, that the
plaintiff’s motion for summary judgment be granted, and that this case be remanded to the
Commissioner for further proceedings. No objections to the report and recommendation have
been filed, and the court is of the opinion that the report and recommendation should be adopted
in its entirety. It is accordingly ORDERED and ADJUDGED that the plaintiff’s motion for
summary judgment (Docket #14) is GRANTED, that the Commissioner’s motion for summary
judgment (Docket #20) is DENIED, that the this case is REMANDED to the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the
report and recommendation, and that this matter is STRICKEN from the active docket of the
court.

It is SO ORDERED.
Entered: March 29, 2012

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

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