SPEARS v. BARNHART

CARL BARBIER, District Judge

The Court, having considered the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the failure of any party to file Objections thereto, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,

IT IS ORDERED that plaintiff's Motion for Summary Judgment (Rec. Doc. 8) and defendant's Motion for Summary Judgment (Rec. Doc. 9) are DENIED; IT IS FURTHER ORDERED that the matter is hereby REMANDED to the Administrative Law Judge for supplementation of the record.

Lafayette, Louisiana, this 28th day of October, 2005.