Opinion
Civil Action No. 10-329.
January 3, 2011
MEMORANDUM ORDER
On June 22, 2010, this case was referred to United States Magistrate Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On October 15, 2010, the magistrate judge issued a Report (Doc. 16) recommending that Plaintiff's Motion for Summary Judgment (Doc. 10) be granted, that Defendant's Motion for Summary Judgment (Doc. 13) be denied, and that this case be remanded for further administrative proceedings. Service of the Report and Recommendation was made on the parties, and Defendant has filed Objections. See Doc. 17.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered:
AND NOW, on this 3rd day of January, 2011, IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 10) is DENIED, Defendant's Motion for Summary Judgment (Doc. 13) is DENIED, and this case is REMANDED FORTHWITH to the Commissioner of Social Security for further administrative proceedings consistent with the magistrate judge's Report and Recommendation.
The Plaintiff requested remand for the award of benefits. This Court finds that the case should be remanded for further consideration. Therefore, Plaintiff's Motion for Summary Judgment is not granted, but denied. Therefore, the Court adopts the Report and Recommendation of Magistrate Judge Bissoon dated October 15, 2010, as the Opinion of the District Court with the exception that the plaintiff's Motion for Summary Judgment is DENIED.