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Stout v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 20, 2010

ROBERT J. STOUT, JR., PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM and ORDER

On April 13, 2009, Robert J. Stout, Jr., filed this action against the Commissioner of Social Security (Doc. 3). Specifically, Plaintiff seeks judicial review of the findings and determinations of the Commissioner denying his application for disability and disability insurance benefits, pursuant to 42 U.S.C. § 405.On April 1, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Philip M. Frazier submitted a Report and Recommendation ("the Report") recommending that the Court grant remand this case to the Commissioner for further clarification with regard to the Administrative Law Judge's finding of inconsistencies between Dr. Wong's opinion and his treatment notes and the Administrative Law Judge's failure to discuss Stout's allegation that his medication caused drowsiness (Doc. 25).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by April 19, 2010. To date, none of the parties have filed objections, and the period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Thus, the Court ADOPTS the Report in its entirety (Doc. 25). The Court REMANDS this case to the Commissioner for further clarification with regard to the Administrative Law Judge's finding of inconsistencies between Dr. Wong's opinion and his treatment notes and the Administrative Law Judge's failure to discuss Stout's allegation that his medications caused drowsiness.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100420

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