Dufresne v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Dufresne v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

PHILIP LAWRENCE DUFRESNE,

Plaintiff,

v. Case No. 6:21-cv-1946-RBD-LHP

COMMISSIONER OF SOCIAL SECURITY,

Defendant. ____________________________________

ORDER In this Social Security case, the Commissioner has moved unopposed for remand to conduct further administrative proceedings. (Doc. 32.) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation stating that the Court should grant the motion. (Doc. 33 (“R&R”).) The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 33) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. The Commissioner’s motion to remand (Doc. 32) is GRANTED. 3. The final decision of the Commissioner is REVERSED AND REMANDED for further proceedings pursuant to sentence four of

42 U.S.C. § 405

(g) for the reasons stated in the R&R. 4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against the Commissioner, terminate all other pending motions as

moot, and then close the case. DONE AND ORDERED in Chambers in Orlando, Florida, on June 7, 2024.

ROY B. DALTON, JR. United States District Judge

Reference

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