Wahlers v. Astrue

Full title: TINA M. WAHLERS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Jan 5, 2010

Case No: 8:09-CV-214-T-30TBM (M.D. Fla. Jan. 5, 2010)

Opinion

Case No: 8:09-CV-214-T-30TBM.

January 5, 2010

ORDER

JAMES MOODY JR., District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Thomas B. McCoun, III (Dkt. #17). The Court notes that neither party filed written objections to the Report and Recommendation and the time for filing such objections has elapsed.

After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1. The Report and Recommendation (Dkt. #17) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2. The decision of the Defendant Commissioner is REVERSED AND REMANDED for further proceedings before the Commissioner consistent with the Report and Recommendation.

3. The Clerk is directed to enter judgment pursuant to Rule 58 in favor of the Plaintiff.

4. The matter of fees and costs shall be addressed upon further pleadings.

5. The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida.