Albert v. Astrue
Filing
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ORDER granting 16 Motion for Summary Judgment, case is remanded for an immediate award of benefits; denying 19 Motion for Summary Judgment; adopting Report and Recommendations re 25 Report and Recommendations. This case is dismissed. The Clerk of Court is directed to enter judgment accordingly. Signed by Senior Judge Frank R Zapata on 6/1/11.(BAR)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Mary Elizabeth Albert,
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Plaintiff,
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vs.
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Michael J. Astrue, Commissioner of
Social Security,
Defendant
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No. CV 08-267-TUC-FRZ (CRP)
ORDER
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Pending before the Court is Plaintiff's Motion for Summary Judgment pertaining to
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the denial of disability benefits. Also pending before the Court is Defendant's Motion for
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Summary Judgment regarding the same denial of disability benefits.
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United States Magistrate Judge Pyle issued a Report and Recommendation on April
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4, 2011. In that Report and Recommendation, Magistrate Judge Pyle recommended granting
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Plaintiff’s Motion for Summary Judgment, denying Defendant's Motion for Summary
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Judgment, and remanding the case for an immediate award of benefits.
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The Report and Recommendation indicated that any party could file written objections
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within 14 days after being served with a copy of the Report and Recommendation. The
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parties have not filed objections to the Report and Recommendation. As such, the Court will
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not consider any objections or new evidence.
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The Court has reviewed the record and concludes that Magistrate Judge Pyle’s
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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;
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Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14
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F. Supp. 2d 1203, 1204 (D. Or. 1998).
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Accordingly, IT IS HEREBY ORDERED as follows:
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(1) United States Magistrate Judge Pyle's Report and Recommendation (Doc. 25) is
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ACCEPTED AND ADOPTED.
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(2) Plaintiff's Motion for Summary Judgment (Doc. 16) is GRANTED and this case is
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remanded for an immediate award of benefits.
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(3) Defendant's Motion for Summary Judgment (Doc. 19) is DENIED.
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(4) This case is DISMISSED.
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(5) The Clerk of the Court is directed to enter judgment accordingly and close the file
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in this matter.
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DATED this 1st day of June, 2011.
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