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Davis v. Astrue

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


December 1, 2009

JAMES DAVIS, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 1st day of December, 2009, upon consideration of the following documents:

(1) Decision of Administrative Law Judge Margaret A. Lenzi dated August 25, 2006;

(2) Complaint filed July 18, 2008;

(3) Answer filed September 25, 2008;

(4) Plaintiff's Motion for Summary Judgment filed November 7, 2008;

(5) Plaintiff James Davis' Brief and Statement of Issues in Support of His Request for Review filed November 7, 2008;

(6) Defendant's Response to Request for Review of Plaintiff, which response was filed December 23, 2008;

(7) Plaintiff James Davis' Reply to Defendant's Responsive Brief, which reply was filed December 31, 2008; and

(8) Report and Recommendation of United States Magistrate Judge M. Faith Angell filed September 10, 2009;

after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Angell's Report and Recommendation; it further appearing that Magistrate Judge Angell's Report and Recommendation correctly determined the legal and factual issues presented in this case,

IT IS ORDERED that Magistrate Judge Angell's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that plaintiff's request for review is granted.*fn1

IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff James Davis, and against defendant Michael J. Astrue, Commissioner of Social Security.

IT IS FURTHER ORDERED that this matter is remanded in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of the Social Security Administration for further proceedings consistent with Magistrate Judge Angell's Report and Recommendation.

IT IS FURTHER ORDERED that the Clerk of Court shall close this civil action for statistical purposes.


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