IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 6, 2010
JEAN A. BLAIR, PLAINTIFF
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT
The opinion of the court was delivered by: Joy Flowers Conti United States District Judge
AND NOW, this 6th day of July 2010, after the plaintiff, Jean A. Blair (the "Plaintiff"), filed an action in the above-captioned case, and after cross-motions for summary judgment were submitted by the parties, and after a Report and Recommendation and a Supplemental Report and Recommendation were filed by the United States Magistrate Judge granting the parties fourteen days after being served with copies to file written objections thereto, and upon consideration of both sets of objections*fn1 filed by defendant Commissioner of Social Security (the "Defendant"), and upon independent review of the motion and the record, and upon consideration of the Report and Recommendation (Docket No. 15) and Supplemental Report and Recommendation (Docket No. 18), which are adopted as the opinion of this court,
IT IS ORDERED that the Plaintiff's motion for summary judgment (Docket No. 11) and the Defendant's motion for summary judgment (Docket No. 13) are denied without prejudice and that the matter be remanded for further evaluation and consideration. The clerk shall mark this case closed.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the plaintiff desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3 of the Federal Rule of Appellate Procedure.