CALHOUN v. COMMISSIONER OF SOCIAL SECURITY

VICTORIA ROBERTS, District Judge

On April 23, 2004, Magistrate Judge Whalen issued a Report and Recommendation [Doc. 17], recommending that Defendant's Motion for Summary Judgment be denied, Plaintiff's Motion for Summary Judgment be granted, and the case be remanded for further proceedings. Neither party has filed objections within the ten day period pursuant to Fed.R.Civ.P 72(b) and 28 U.S.C. § 636(b)(1). Thus, the Court adopts the Report and Recommendation. Plaintiff's Motion for Summary Judgment [Doc.9] is GRANTED, Defendant's Motion for Summary Judgment [Doc. 15] is DENIED, and the case is REMANDED for further proceedings.

IT IS SO ORDERED.

Consistent with the Court's Order Adopting Report and Recommendation filed on June 14, 2004. IT IS ORDERED that denying Defendant's Motion for Summary Judgment is DENIED, Plaintiff's Motion for Summary Judgment is GRANTED and this case is REMANDED further proceedings.