Kalloch v. US Social Security Administration, Commissioner

Filing 21

///ORDER approving 18 Report and Recommendation, recommending that the Commissioners motion for an order affirming his decision, document no. 16, be denied; and (2) Kallochs motion to reverse the decision of the commissioner, document no. 13, be granted to the extent that the case is remanded to the Commissioner for further proceedings consistent with this report and recommendation, pursuant to sentence four of 42 U.S.C. § 405(g). So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

James R. Kalloch
v.
Civil No. 11-cv-522-JL
US Social Security Administration,
Commissioner

ORDER

After due consideration of the objection filed, I herewith approve the Report
and Recommendation of Magistrate Judge Landya B. McCafferty dated September
18, 2012. " '[O]nly those issues fairly raised by the objections to the magistrate's
report are subject to review in the district court and those not preserved by such
objection are precluded on appeal.''' School Union No. 37 v. United Nat'l Ins. Co.,
617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of Health &
Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also United States v.
Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice, failure to file a
specific objection to magistrate's report will waive the right to appeal).
SO ORDERED.
October 15, 2012
Joseph N. Laplante
Chief Judge
cc: Christopher J. Seufert, Esq.
Gretchen Leah Witt, AUSA