The opinion of the court was delivered by: James Knoll Gardner United States District Judge
NOW, this 3 rd day of March, 2011, upon consideration of the following documents:
(1) Decision of Administrative Law Judge Sherman S. Poland dated July 23, 2007;
(2) Complaint filed October 23, 2009 (Document 3);
(3) Answer filed January 13, 2010 (Document 6);
(4) Plaintiff's Motion for Summary Judgment/Request for Review or, in the Alternative, Plaintiff's Motion for Remand filed February 26, 2010 (Document 7);
(5) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed February 26, 2010 (Document 7);
(6) Defendant's Response to Request for Review of Plaintiff, which response was filed March 30, 2010 (Document 8);
(7) Plaintiff's Reply Brief filed April 7, 2010 (Document 9); and
(8) Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter filed July 27, 2010 (Document 11);
after a thorough review of the record in this matter; it appearing that neither party filed objections to Chief Magistrate Judge Rueter's Report and Recommendation; it further appearing that Chief Magistrate Judge Rueter's Report and Recommendation correctly determined the legal and factual issues presented in this case,
IT IS ORDERED that Magistrate Judge Rueter's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that plaintiff's request for review is granted.
IT IS FURTHER ORDERED that plaintiff's motion for summary judgment ...