Cohen v. US Social Security Administration, Acting Commissioner

Filing 14

/// ORDER approving 13 Report and Recommendation; denying 9 Motion to Reverse Decision of Commissioner; granting 11 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

Jeffrey Lee Cohen
v.
Nancy A. Berryhill,
Acting Commissioner,
Social Security Administration

Case No. 16-cv-385-SM

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 12, 2017, 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 Decision
of the Acting Commissioner (doc. No. 9) is denied; defendant’s
Motion for an Order Affirming the Decision of the Acting
Commissioner (doc. No. 11) is hereby granted.

The Clerk of

Court shall enter judgment in accordance with this order and
close the case.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: May 10, 2017
cc:

Christine Woodman Casa, Esq.
T. David Plourde, AUSA