MEMORANDUM OPINION AND ORDER
KEITH STARRETT, District Judge.
This matter is before the Court on a Motion to Dismiss and Motion for Summary Judgment [Doc. #18] (July 9, 2010), filed on behalf of Michael Astrue, Commissioner of Social Security. The Court, having reviewed the motion, the responses, the pleadings, and exhibits on file and being otherwise fully advised in the premises, finds that the summary judgment motion should be
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