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Ronda J. Mullenix v. Michael Astrue

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


January 6, 2011

RONDA J. MULLENIX, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

On November 24, 2009, plaintiff Ronda J. Mullenix filed this action against the Commissioner of Social Security (Doc. 1). Specifically, Plaintiff sought judicial review of the findings and determinations of the Commissioner's finding Plaintiff is not disabled and thus not entitled to receive Disability Insurance Benefits and Supplemental Security Income.On January 20, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford Proud submitted a Report and Recommendation ("R&R") (Doc. 26), recommending that the Court grant Plaintiff's request to reverse the Commissioner's final decision and further recommends that the Court remand the matter to the agency for rehearing and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 405(g).

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by December 23, 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 R&R (Doc. 26) in its entirety. The decision of the Commissioner finding Plaintiff was not disabled and therefore not entitled to receive Disability Insurance Benefits and Supplemental Security Income is, pursuant to sentence four of 42 U.S.C. § 405(g), hereby REVERSED and REMANDED back to the agency for rehearing and reconsideration of evidence, consistent with the issues addressed in the R&R.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2011.01.06 11:39:10 -06'00'

20110106

© 1992-2011 VersusLaw Inc.



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