Opinion
CIVIL NO. 6:07cv00020.
August 7, 2008
ORDER
On November 20, 2007, I referred this case to the Honorable Michael F. Urbanski, United States Magistrate Judge, for proposed findings of fact and a recommended disposition. The parties subsequently filed cross motions for summary judgment and on July 22, 2008, the Magistrate Judge filed a Report and Recommendation ("Report"). In the Report, Judge Urbanski recommended that the case be remanded to the Commissioner for further proceedings. After a review of the entire record in this case, and no objection having been filed to the Report within ten days of its service upon the parties, I adopt the Report in its entirety.
Accordingly:
1. the July 22, 2008, Report shall be, and it hereby is, ADOPTED in its entirety;
2. Plaintiff's motion for summary judgment [Docket #11] is hereby GRANTED to the extent that it requests a remand for new proceedings, but DENIED to the extent that it asks for the award of benefits;
3. Defendant's motion for summary judgment [Docket #16] is hereby DENIED;
4. the case is hereby REMANDED to the Commissioner for further proceedings consistent with the direction given in the Report; and
5. the Clerk of the Court is hereby ORDERED to strike this case from the Court's docket.
The Clerk of the Court hereby is directed to send a certified copy of this Order to all counsel of record and to Magistrate Judge Urbanski.
It is so ORDERED.