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06-143 - Anders v. SSA


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06-143 - Anders v. SSA
May 7, 2007
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REPORT AND RECOMMENDATIONS: it is recommended that dft Commisioner's Mtn for SJ 10 be granted, Pla's Mtn for SJ 9 be denied; Jgm be ent affirming Commisioner's final decision and dismissing this action with prejudice; and that this action be stricken from court's docket. Specific Objections to R&R must be filed w/in 10 days due by 5/21/2007 or further appeal is wavied. A pty may file response to another pty's objs w/in 10 days of service thereof. Signed by Judge Edward B Atkins. (MCB)cc: COR
March 21, 2008
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ORDER: Accordingly, the Court being sufficiently advised, it is hereby ORDERED as follows: 1 The Plas Objs to the Magistrates Report and Recommendation 13 are OVERRULED; 2 The Magistrate Judges Report and Recommendation 12 is ADOPTED as and for the opinion of this Court; 3 The Plas Motion for Summary Judgment 9 is DENIED; 4 The Dfts Motion for Summary Judgment 10 is GRANTED; and 5 JUDGMENT in favor of the Dft will be entered contemporaneous herewith. Signed by Gregory F. Van Tatenhove on 3/21/08. (MCB)cc: COR w/NOE
March 21, 2008
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JUDGMENT: In accordance with Rule 58 of the FRCP and pursuant to sentence four of 42 U.S.C. ยง 405(g), it is hereby ORDERED as follows: 1. The Adm decision of the Commissioner of SSA is AFFIRMED and Judgment is ENTERED in favor of the dft, SSA with respect to all issues raised herein; 2. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay; 3. All issues properly raised herein having been resolved, this action is DISMISSED with prejudice; and 4. This matter is STRICKEN from the Courts active docket. Signed by Gregory F. Van Tatenhove on 3/21/08.(MCB)cc: COR w/NOE