UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT November 19, 2010 No. 10-1494 Modesto Cruz, Appellant v. Commissioner of Social Security (E.D. Pa. No. 2-08-cv-00204) Present: SCIRICA, RENDELL and FISHER, Circuit Judges Motion by Appellee Commissioner of Social Security to Publish Non-Precedential Opinion filed October 22, 2010.

Respectfully, Clerk/par _________________________________ORDER________________________________ The foregoing motion is granted.

By the Court,

/s/ D. Michael Fisher Circuit Judge Dated: December 28, 2010 par/cc: R.S., Esq.

L.R.K., Esq.