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David A. Burlingame v. Michael J. Astrue

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


July 7, 2011

DAVID A. BURLINGAME, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 7th day of July 2011, after careful review and independent consideration of Plaintiff's request for review, Defendant's response, the Report and Recommendation of United States Magistrate Judge Linda Caracappa, the objections to the Report and Recommendation and the response thereto, it is hereby ORDERED that:

1. The Clerk of Court is directed to remove this action from the suspense docket and return it to the active docket;

2. The Report and Recommendation is APPROVED and ADOPTED IN PART as set forth in the accompanying Memorandum Opinion;

3. The Plaintiff's request for reversal is GRANTED; and 4. The case is REMANDED to the Commissioner for further review consistent with the Report and Recommendation and the accompanying Memorandum Opinion.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20110707

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