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SMITH v. BARNHART

No. 7:04-CV-151-FL(1).

395 F.Supp.2d 298 (2005)

Mavis SMITH, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

United States District Court, E.D. North Carolina. Southern Division.

September 29, 2005.

Attorney(s) appearing for the Case

James J. Wall, Legal Aid of North Carolina, Inc., Monica Rathke Savidge, Legal Aid of N.C., Inc., Wilmington, NC, for Mavis Smith, plaintiff.

Steve R. Matheny, U.S. Attorney's Office, David J. Cortes, AUSA, U.S. Attorney's Office, Eastern District of North Carolina, Raleigh, NC, for Jo Anne B. Barnhart, defendant.

ORDER

FLANAGAN, Chief Judge.

This matter is before the court on plaintiff's objections to the Memorandum and Recommendation (M & R) of the Magistrate Judge recommending that the court allow defendant's motion for judgment on the pleadings, deny plaintiff's, and uphold the final decision of the Commissioner. For the reasons that follow, the court rejects that recommendation, and remands the matter to the...

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