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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

DWAYNE A. FLEMING v. JO ANNE B. BARNHART

: : : ::::::::::: ORDER Civil #L-02-1825 (Exempt from ECF)

Upon consideration of the Report and Recommendation of United States Magistrate Judge Susan K. Gauvey, entered August 15, 2003, and no objections having been filed, it is this _______ day of September, 2003, by the United States District Court for the District of Maryland, ORDERED: 1. 2. 3. 4. That the Report and Recommendation is hereby AFFIRMED and ADOPTED; That the defendant's motion for summary judgment is DENIED; That this case be REMANDED back to the agency for further proceedings; That the Clerk of Court shall mail copies of this Order to plaintiff and to counsel for the defendant; and 5. That the Clerk of Court is directed to CLOSE this case on this Court's docket.

Benson Everett Legg Chief Judge



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