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Stearns v. Commissioner of Social Security

United States District Court, Seventh Circuit

December 5, 2013

THOMAS G. STEARNS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant,

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 20) of Magistrate Judge Clifford J. Proud, wherein Magistrate Judge Proud recommends that the Court reverse and remand the Commissioner of Social Security's final decision.

After reviewing a magistrate judge's report and recommendation, the Court may accept, reject, or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed.R.Civ.P. 72(b). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the R & R. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court ADOPTS the R & R (Doc. 20) in its entirety, REVERSES the Commissioner of Social Security's denial of benefits, and REMANDS for further proceedings consistent with the R & R. Further, the Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.


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