Elliott v. US Social Security Administration, Commissioner

Filing 12

/// ORDER approving 11 Report and Recommendation; denying plaintiff's 8 Motion to Reverse Decision of Commissioner, and granting defendant's 9 Motion to Affirm Decision of Commissioner. The clerk of court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David Melvin Elliott, Jr.
v.
Civil No. 14-cv-530-SM
Carolyn W. Colvin, Acting Commissioner,
Social Security Administration

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated October 22, 2015, for the reasons set forth
therein.

“‘[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).
The Plaintiff’s motion for an order reversing the Acting
Commissioner’s decision is denied (document no. 8), and the
Acting Commissioner’s motion for an order affirming her decision

is granted (document no. 9.

The clerk of the court shall enter

judgment in accordance with this order and close the case.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: November 17, 2015
cc:

Christopher G. Roundy, Esq.
T. David Plourde, AUSA