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Hovis v. Asture

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


September 18, 2008

ANTHONY L. HOVIS, JR., 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 July 10, 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. 13], filed on September 2, 2008, recommended that Plaintiff's Motion for Summary Judgment [Doc. No. 9] be granted, that Defendant's Motion for Summary Judgment [Doc. No. 11] 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 18th day of September, 2008;

IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment [Doc. No. 9] is GRANTED, and Defendant's Motion for Summary Judgment [Doc. No. 11] is DENIED; the case is hereby REMANDED to the Commissioner for further proceedings.

The Report and Recommendation [Doc. No. 13] of Magistrate Judge Baxter, filed on September 2, 2008, is adopted as the opinion of the Court.

20080918

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