Opinion
CASE NO. C11-5166-TSZ
12-09-2011
BILL J. SWANN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER REMANDING CASE
The Court, after careful consideration of plaintiff's complaint, the parties' briefs, all papers and exhibits filed in support and opposition thereto, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, docket no. 12, to which no objections have been filed, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) The final decision of the Commissioner is REVERSED and this case is REMANDED to the Social Security Administration for further proceedings not inconsistent with the Report and Recommendation; and
(3) The Clerk of the Court is directed to send copies of this Order to the parties and to Judge Theiler.
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Thomas S. Zilly
United States District Judge