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Donald Graham v. Michael J. Astrue

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


March 1, 2011

DONALD GRAHAM, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Joel H. Slomsky, J.

ORDER

AND NOW, this 28th day of February 2011, upon consideration of Plaintiff's Motion for Summary Judgment and Brief and Statement of Issues In Support of Request For Review (Doc. No.

8), Defendant's Motion to Remand (Doc. No. 11), and after a review of the Report and Recommendation filed by United States Magistrate Judge Elizabeth T. Hey (Doc. No. 13), it is ORDERED as follows:

1. The Report and Recommendation (Doc. No. 14) is APPROVED and ADOPTED.

2. Defendant's unopposed Motion to Remand is GRANTED, Plaintiff's Motion for Summary Judgment is DENIED as moot, and the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with United States Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Doc. No. 13).

The Court will enter a separate Order consistent with the proposed Judgment Order that accompanies Defendant's Motion to Remand (Doc. No. 11).

BY THE COURT:

20110301

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