Opinion
No. 3:10-cv-01222
01-22-2013
JAMES J. FITZGERALD, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Judge Nixon
Magistrate Judge Griffin
ORDER
Pending before the Court is Plaintiff James J. Fitzgerald's Motion for Judgment on the Administrative Record ("Motion") (Doc. No. 12), filed with an attached brief (Doc. No. 12-1). Defendant Commissioner of Social Security filed a Response (Doc. No. 19), to which Mr. Fitzgerald filed a Reply (Doc. No. 20). Subsequently, Magistrate Judge Griffin issued a Report and Recommendation ("Report"), recommending the Motion be granted. (Doc. No. 21.) The Report was entered on December 21, 2012, and provided a period of fourteen days in which either party could file an objection. (Id. at 36.) Neither party has filed an objection to date.
Upon review of this matter, the Court finds the Report to be well-founded and ADOPTS it in its entirety. Accordingly, the Court GRANTS Mr. Fitzgerald's Motion, REVERSES the decision of the Commissioner, and REMANDS the case to the Commissioner for further proceedings. The Clerk of the Court is DIRECTED to close the case.
It is so ORDERED.
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JOHN T. NIXON, SENIOR JUDGE
UNITED STATES DISTRICT COURT