Martinage v. US Social Security Administration, Acting Commissioner

Filing 18

///ORDER approving 17 Report and Recommendation; granting 10 Motion to Reverse Decision of Commissioner; denying 15 Motion to Affirm Decision of Commissioner, and remanding this matter to the Acting Commissioner for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Paul Joseph Martinage
v.
Civil No. 16-cv-00245-PB
Nancy A. Berryhill, 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 April 20, 2017, deny defendant’s motion to
affirm (doc. no. 15), grant plaintiff’s motion to reverse (doc.
no. 10), and I remand this matter to the Acting Commissioner for
further proceedings, pursuant to sentence four of 42 U.S.C. §
405(g).

The clerk is directed to enter judgment in accordance

with this order and close the case. “‘[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. ValenciaCopete, 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.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
Date: May 11, 2017
cc:

Counsel of Record