Opinion
1:07CV657.
May 14, 2009
ORDER
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on October 15, 2008, was served on the parties in this action. The Commissioner objected to the Recommendation (Doc. 23), and the Plaintiff has filed a response (Doc. 25).
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that Plaintiff's motion for summary judgment (Doc. 14) be GRANTED, that the Commissioner's motion for judgment on the pleadings (Doc. 18) be DENIED, and that this matter be REMANDED to the Commissioner for further proceedings consistent with this decision. A judgment dismissing this action will be entered contemporaneously with this Order.