Lytle v. Astrue

Full title: DEBORAH S. LYTLE, Plaintiff, v. MICHAEL J. ASTRUE, Defendant

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Oct 2, 2009

CASE NO.: 5:08-cv-315-SPM-WCS (N.D. Fla. Oct. 2, 2009)

Opinion

CASE NO.: 5:08-cv-315-SPM-WCS.

October 2, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

STEPHAN MICKLE, District Judge

THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 23), which recommends that the Defendant's Unopposed Motion to Remand (doc. 22) be granted. Plaintiff has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows:

1. The Magistrate Judge's Report and Recommendation (doc. 23) is adopted and incorporated by reference in this order.

2. The Clerk is directed to enter final judgment reversing the Commissioner's decision to deny benefits.

3. The Plaintiff's application is remanded to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g).

DONE AND ORDERED.