Pitts v. Astrue, No. 3:2009cv01110 - Document 19 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Findings and Recommendation by Magistrate Judge Eifert. The Court grants plaintiff's motion for judgment on the pleadings, denies defendant's motion for judgment on the plea dings, reverses the final decision of the Commissioner, remands this matter pursuant to sentence four of 42:405(g) for further administrative proceedings, and dismisses this action from the docket of the Court, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 12/14/2010. (cc: attys) (gan)
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Pitts v. Astrue Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION PHYLLIS R. PITTS, Plaintiff, v. CIVIL ACTION NO. 3:09-1110 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant Plaintiff’s Motion for Judgment on the Pleadings (Doc. #14), deny defendant’s Motion for Judgment on the Pleadings (Doc. #15), reverse the final decision of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, and dismiss this action from the docket of the Court Neither party has filed objections to the Magistrate Judge’s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS Plaintiff’s Motion for Judgment on the Pleadings (Doc. #14), DENIES defendant’s Motion for Judgment on the Pleadings (Doc. #15), REVERSES the final decision of the Commissioner, REMANDS this matter pursuant to sentence four of 42 U.S.C. § Dockets.Justia.com 405(g) for further administrative proceedings, and DISMISSES this action from the docket of the Court, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: December 14, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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