Hernandez v. Astrue, No. 1:2009cv11959 - Document 19 (D. Mass. 2011)

Court Description: Judge Joseph L. Tauro: ORDER ON REPORT AND RECOMMENDATIONS entered. This court ACCEPTS and ADOPTS the 5/12/2011 Report and Recommendation 18 of Magistrate Judge Bowler. For the reasons set forth in the Report and Recommendation, this court hereby orders that : Magistrate Judge Bowler's Order on Defendant's Motion for Entry of Judgment 14 and her entry of final judgment 16 are VACATED as void for lack of jurisdiction. Defendant's Motion for Entry of Judgment 14 is ALLOWED. Plaintiff's Motion to Reverse the Decision of the Commissioner of Social Security 11 is DENIED WITHOUT PREJUDICE. Pursuant to 42 U.S.C. § 405(g), this action is REVERSED and REMANDED to the Commissioner. this case is CLOSED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

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Hernandez v. Astrue Doc. 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS BILLY HERNANDEZ, Plaintiff, v. MICHAEL ASTRUE, Defendant. * * * * * * * * * Civil Action No. 09-11959-JLT ORDER May 31, 2011 TAURO, J. This court ACCEPTS and ADOPTS the May 12, 2011 Report and Recommendation [#18] of Magistrate Judge Bowler. For the reasons set forth in the Report and Recommendation, this court hereby orders that: 1. Magistrate Judge Bowler’s order on Defendant’s Motion for Entry of Judgment [#14] and her entry of final judgment [#16] are VACATED as void for lack of jurisdiction. 2. Defendant’s Motion for Entry of Judgment [#14] is ALLOWED. 3. Plaintiff’s Motion to Reverse the Decision of the Commissioner of Social Security [#11] is DENIED WITHOUT PREJUDICE. 4. Pursuant to 42 U.S.C. § 405(g),1 this action is REVERSED and REMANDED to the Commissioner. 1 42 U.S.C. § 405(g) (“The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”). Dockets.Justia.com 5. This case is CLOSED. IT IS SO ORDERED. /s/ Joseph L. Tauro United States District Judge 2

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