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06-156 - Benavidez v. Jo Anne B. Barnhart


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06-156 - Benavidez v. Jo Anne B. Barnhart
July 30, 2008
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REPORT AND RECOMMENDATION: It is recommended that the United States District Court grant the motion to remand and enter a final judgment reversing the Commissioners decision. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993) (acknowledging that sentence four of 42 U.S.C. § 405(g) authorizes the entry of final judgment). Right to Object, Pursuant to 28 U.S.C. § 636(b)(1), any party has the right to serve and file written objections to the Report and Recommendation within ten days after being served with a copy of this document. The filing of objections is necessary to obtain de novo review by the United States District Court. A partys failure to file written objections within ten days shall bar such a party, except upon grounds of plain error, from attacking on appeal the factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Assn, 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc). See order for further specifics. (Signed by Magistrate Judge Nancy M Koenig on 7/30/2008) (cb)
August 21, 2008
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ORDER ADOPTING 27 Report and Recommendations. The cause is hereby reversed and remanded to the Commissioner for further administrative proceedings. Motions termed. (Signed by Judge Sam R Cummings on 8/21/2008) (cb)