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Bailey v. Astrue

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


July 15, 2008

BRIAN BAILEY, PLAINTIFF,
v.
MICHAEL J. ASTURE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Sean J. McLaughlin United States District Judge

MEMORANDUM ORDER

Plaintiff's social security complaint was received by the Clerk of Court on February 9, 2007, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 19], filed on June 26, 2008, recommended that Plaintiff's Motion for Summary Judgment [Doc. No. 10] be granted, that Defendant's Motion for Summary Judgment [Doc. No. 12] be denied, and that the case be remanded to the Commissioner for further proceedings. The parties were allowed ten (10) days from the date of service to file objections. No objections were filed. After de novo review of the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 15th day of July, 2008;

IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment [Doc. No. 10] is GRANTED, and Defendant's Motion for Summary Judgment [Doc. No. 12] is DENIED; the case is hereby REMANDED to the Commissioner for further proceedings.

The Report and Recommendation [Doc. No. 19] of Magistrate Judge Baxter, filed on June 26, 2008, is adopted as the opinion of the Court.

20080715

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