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Cooper v. Astrue

July 27, 2010

HARRY J. COOPER, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge

DECISION and ORDER

This matter brought pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c).

No objections to the May 27, 2010 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

It is, therefore, ORDERED that the Commissioner of Social Security's decision denying disability benefits be REMANDED for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

20100727

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