Opinion
No. 1:11-cv-484-CL
11-20-2012
LOUIS PETRONE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Commission, Defendant.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that the ALJ erred by finding that plaintiff was performing substantial gainful activity from January 2007 through July 2008. I ADOPT the Findings and Recommendation.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#21) is adopted. The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Findings and Recommendation.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE