Opinion
Case No. 3:09CV0160.
April 21, 2010
DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case originally was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
It therefore is ORDERED THAT:
1. The Report and Recommendations filed on March 31, 2010 (Doc. #13) is ADOPTED in full;
2. The Commissioner's non-disability finding is VACATED;
3. No finding is made as to whether Plaintiff Marlene McIntire was under a "disability" within the meaning of the Social Security Act during the period of time at issue;
4. This case is REMANDED to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendations adopted herein; and
4. The case is TERMINATED on the docket of this Court.