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Oliver v. Commissioner of Social Security

March 17, 2010

NATHANIEL M. OLIVER JR., PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANTS.



The opinion of the court was delivered by: Thomas L. Ludington United States District Judge

Honorable Thomas L. Ludington

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING MATTER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE R&R

Magistrate Michael Hluchaniuk issued a report and recommendation [Dkt. # 30] on March 2, 2010, recommending that Plaintiff Nathaniel M. Oliver Jr.'s motion for summary judgment [Dkt. # 24] be denied and that Defendant Commissioner of Social Security's motion for summary judgment [Dkt. # 28] also be denied. He further recommended remanding this matter for further proceedings consistent with his report. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149--52 (1985).

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. # 30] is ADOPTED.

It is further ORDERED that Plaintiff's motion for summary judgment [Dkt. # 24] is DENIED.

It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 28] is DENIED.

It is further ORDERED that this matter is REMANDED for further proceedings consistent with the Magistrate Judge's report and recommendation.

20100317

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