HARRELL v. ASTRUE, No. 3:2008cv00066 - Document 16 (N.D. Fla. 2008)
Court Description: ORDER ADOPTING 15 Report and Recommendation. (2.) Defendants 14 Motion to Remand is GRANTED, and the Commissioner's decision denying benefits is REVERSED. (3.) This case is REMANDED to the Commissioner of Social Security p ursuant to sentence four of 42 U.S.C. § 405(g). (4.) Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 15 ). (5.) The Clerk shall enter a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. (6.) The clerk is directed to administratively close this file. Signed by SENIOR JUDGE LACEY A COLLIER on 11/6/2008. (djb)
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HARRELL v. ASTRUE Doc. 16 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION WILLARD J. HARRELL, Plaintiff, vs. Case No.: 3:08cv66/LAC/EMT MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s report and recommendation dated October 7, 2008 (Doc. 15). The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed, if any. Having considered the report and recommendation, and any timely filed objections thereto, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge’s report and recommendation is adopted and incorporated by reference in this order. 2. Defendant’s Motion to Remand (Doc. 14) is GRANTED, and the Commissioner’s decision denying benefits is REVERSED. 3. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). 4. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 15). Dockets.Justia.com Page 2 of 2 5. The Clerk shall enter a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 6. The clerk is directed to administratively close this file. DONE AND ORDERED this 6th day of November, 2008. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE Case No: 3:08cv66/LAC/EMT
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