LEE v. ASTRUE, No. 1:2005cv00153 - Document 57 (N.D. Fla. 2008)

Court Description: REPORT AND RECOMMENDATION. Defendant's Motion for Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure 55 be GRANTED. The clerk be directed to enter final judgment. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 12/8/08. Internal deadline for referral to district judge if objections are not filed earlier: 1/5/2009 (lcu)

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LEE v. ASTRUE Doc. 57 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MARK K. LEE, Plaintiff, v. Case No: 1:05cv153/MMP/EMT MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ______________________________/ REPORT AND RECOMMENDATION This action was initiated under the Social Security Act to obtain judicial review of a final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying Plaintiff’s claim for benefits (see Doc. 1). The case was subsequently remanded to the Commissioner upon motion by the Defendant for further administrative proceedings (Docs. 20–22). Upon remand, Plaintiff was found eligible for benefits in a favorable Administrative Law Judge decision dated November 26, 2008 (see Doc. 55 at 1). The Commissioner now moves for the entry of a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure, noting that the “[e]ntry of final judgment will begin the appeal period which determines the 30-day period during which a timely application for attorney fees may be made under the Equal Access to Justice Act (EAJA)” (id.). The Commissioner has certified that Plaintiff has no objection to the instant motion (id. at 2). Good cause having been shown, it is the recommendation of the undersigned that the Commissioner’s motion be granted. Dockets.Justia.com Page 2 of 2 In view of the foregoing, it is respectfully RECOMMENDED that: 1. Defendant’s Motion for Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure (Doc. 55) be GRANTED. 2. The clerk be directed to enter final judgment. At Pensacola, Florida, this 8th day of December 2008. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Any objections to these proposed recommendations must be filed within ten days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court’s internal use only, and does not control. A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988). Case No.: 1:05cv153MMP/EMT

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