Roe v. Astrue

Full title: BARRY A. ROE PLAINTIFF v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

Date published: Sep 7, 2012

CIVIL ACTION NO. 1:11-cv-00321-HSO-RHW (S.D. Miss. Sep. 7, 2012)

Opinion

CIVIL ACTION NO. 1:11-cv-00321-HSO-RHW

09-07-2012

BARRY A. ROE PLAINTIFF v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY DEFENDANT

HALIL SULEYMAN OZERDEN

ORDER ADOPTING PROPOSED FINDINGS

OF FACT AND RECOMMENDATION

This matter is before the Court on submission of the Proposed Findings of Fact and Recommendation [13] of United States Magistrate Judge Robert H. Walker, entered in this cause on August 13, 2012. No objections have been lodged. Where a party fails to file specific objections to a magistrate judge's rulings, the district court applies the "clearly erroneous, abuse of discretion and contrary to law" standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).

Based on the record before the Court, the undersigned finds that the Magistrate Judge's findings are neither clearly erroneous nor contrary to law, and that he properly recommended that the Commissioner's Motion to Affirm the Decision of the Administrative Law Judge (ALJ) [10] be denied, and that this matter be remanded to the ALJ for his consideration of the consultative exam and report of Dr. Charlton Barnes. After referral of hearing by this Court, no objections having been filed, and the Court, having fully reviewed the same as well as the record in this matter, and being duly advised in the premises, finds that the Magistrate's Proposed Findings of Fact and Recommendation [13] should be adopted as the finding of this Court, and that the Commissioner's Motion to Affirm the Decision of the ALJ [10] should be denied.

IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Proposed Findings and Recommendation [13] of United States Magistrate Robert H. Walker entered in this cause on August 13, 2012, are adopted as the finding of the Court.

IT IS, FURTHER, ORDERED AND ADJUDGED that, the Commissioner's Motion to Affirm the Decision of the ALJ [10] is DENIED.

IT IS, FURTHER, ORDERED AND ADJUDGED that, this matter is remanded to the ALJ for his reconsideration in light of the consultative exam and report of Dr. Charlton Barnes.

______________________

HALIL SULEYMAN OZERDEN

UNITED STATES DISTRICT JUDGE