Opinion
Civil 11-599 MJD/FLN
06-22-2012
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated June 1, 2012, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Plaintiff's Motion for Summary Judgment (#18) is GRANTED IN PART FOR REMAND AND DENIED IN PART FOR REVERSAL;
2. The case is remanded pursuant to Sentence 4 of 42 U.S.C. § 405(g), for further proceedings consistent with the Report and Recommendation of Magistrate Judge Noel;
3. Defendant's Motion for Summary Judgment (#26) is DENIED;
4. The case is DISMISSED WITH PREJUDICE AND JUDGMENT BE ENTERED.
DATED: June 22, 2012.
at Minneapolis, Minnesota
______________________
CHIEF JUDGE MICHAEL J. DAVIS
United States District Court