Opinion
No. 3:09-CV-166.
August 5, 2010
MEMORANDUM AND OPINION
This Social Security appeal is before the Court on the Report and Recommendation ("R R") filed by United States Magistrate Judge C. Clifford Shirley [Doc. 22]. There have been no timely objections to the R R [Doc. 22], and enough time has passed since the filing of the R R [Doc. 22] to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of this matter, the Court is in complete agreement with the magistrate judge's conclusion that the Commissioner's Motion for Summary Judgment [Doc. 20] be DENIED, and that Plaintiff's Motion for Summary Judgment [Doc. 13] be GRANTED, to the extent that this case is remanded to the Commissioner pursuant to 42 U.S.C. § 1383(c)(3) and sentence four of 42 U.S.C. § 405(g) for a new hearing consistent with this Opinion. Accordingly, the Court ACCEPTS IN WHOLE the R R [Doc. 22] under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b).
It is ORDERED, for the reasons stated in the R R [Doc. 22], which the Court adopts and incorporates into its ruling, that the Commissioner's Motion for Summary Judgment [Doc. 20] is DENIED, and that Plaintiff's Motion for Summary Judgment [Doc. 13] is GRANTED, whereby this case is remanded to the Commissioner pursuant to 42 U.S.C. § 1383(c)(3) and sentence four of 42 U.S.C. § 405(g) for a new hearing consistent with this Opinion.