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Steven Toland, O/B/O Delmar Toland v. Michael J. Astrue

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


September 25, 2012

STEVEN TOLAND, O/B/O DELMAR TOLAND,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Judge Cathy Bissoon

Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER

On January 12, 2012, this case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.

On August 31, 2012, the magistrate judge issued a Report (Doc. 18) recommending that Defendant's Motion for Summary Judgment (Doc. 15) be denied, and that Plaintiff's Motion for Summary Judgment (Doc. 13) be granted. Service of the Report and Recommendation was made on the parties, and Defendant timely filed Objections. See Doc. 19.

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered:

Defendant's Motion for Summary Judgment (Doc. 15) is DENIED; Plaintiff's Motion for Summary Judgment (Doc. 13) is GRANTED; and this case is REMANDED FORTHWITH for further administrative proceedings consistent with the Magistrate Judge's Report and Recommendation, which hereby is adopted as the opinion of the District Court.

IT IS SO ORDERED.

Cathy Bissoon United States District Judge

cc (via ECF email notification): All counsel of record

20120925

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