Opinion
Civil No. 08-5911 (RHK/SRN).
April 16, 2009
ORDER
This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. No objections to the Report and Recommendation were filed. Accordingly, IT IS ORDERED:
The Court notes, but neither accepts nor approves of, Defendant's gratuitous and self-serving statement that the "defense in this case appears clearly reasonable and well founded in law and fact."
1. The Report and Recommendation (Doc. No. 15) is ADOPTED;
2. Plaintiff's Motion for Summary Judgment (Doc. No. 8) is GRANTED AS TO REMAND;
3. Defendant's Motion for Summary Judgment (Doc. No. 12) is DENIED; and
4. The case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation.