Summary
concluding that habeas petitioner was "entitled to an additional three days under Federal Rule of Civil Procedure 6(d) because the R & R was served on him by mail"
Summary of this case from Randolph v. TrittOpinion
CIVIL ACTION NO. 09-4472.
March 8, 2011
ORDER
AND NOW, this 7th day of March, 2011, upon consideration of plaintiff's Motion for Summary Judgment and Brief and Statement of Issues in Support of Request for Review (Document No. 9, filed January 15, 2010), defendant's Response to Request for Review of Plaintiff (Document No. 10, filed February 16, 2010), plaintiff's Brief Reply to the Brief in Response of Defendant to Plaintiff's Request for Review (Document No. 12, filed February 26, 2010), after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated September 21, 2010, plaintiff's Objections to the Magistrate Judge's Report and Recommendations (Document No. 14, filed October 8, 2010), and defendant's Response and Brief in Response to Plaintiff's Objections to the Magistrate Judge's Report and Recommendation (Document No. 15, filed October 18, 2010), for the reasons stated in the Memorandum dated March 7th, 2011, IT IS ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey is REJECTED;
2. Plaintiff's Objections to the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey are SUSTAINED; and
3. Plaintiff's Motion for Summary Judgment and Request for Review is GRANTED IN PART and the case is REMANDED to the Commissioner of Social Security pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g) for further review of the medical evidence with regard to plaintiff's Asberger's syndrome and consideration of the July 1, 2009 report prepared by Judith Hammet-Kelly and the June 24, 2009 letter of Traci L. Plunkett. Plaintiff's Motion for Summary Judgment and Request for Review is DENIED in all other respects.