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Justin Virden v. Michael J. Astrue

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


November 22, 2011

JUSTIN VIRDEN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

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

MEMORANDUM AND ORDER

On March 11, 2011, Justin Virden filed a complaint against the Commissioner of Social Security, for judicial review of an administrative agency's decision (Doc. 2). Specifically, Virden seeks judicial review of the Commissioner's decision regarding claims for social supplemental security income and security disability insurance benefits which adversely affects him.

On November 4, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford J. Proud submitted a Report and Recommendation ("the Report") recommending that the Court grant plaintiff's motion for summary judgment, reverse the Commissioner's final decision and remand this case to the Commissioner for rehearing and reconsideration of the evidence pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 29).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by November 21, 2011. 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. 29) and GRANTS the motion for summary judgment (Doc. 15). The Court REMANDS this case to the Commissioner for rehearing and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 405(g). Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2011.11.22 18:03:07 -06'00'

20111122

© 1992-2011 VersusLaw Inc.



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