Riel v. US Social Security Administration, Acting Commissioner

Filing 18

///ORDER approving 17 Report and Recommendation; granting 11 Motion to Reverse Decision of Commissioner; denying 13 Motion to Affirm Decision of Commissioner. So Ordered by Chief Judge Landya B. McCafferty.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Christopher Scott Riel
v.

Case No. 18-cv-278-LM

US Social Security Administration, Acting
Commissioner

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated January 25, 2019, and grant plaintiff’s motion
to reverse, doc. no. 11, and deny defendant’s motion to affirm,
doc. no. 13, and remand this case pursuant to sentence four of
42 U.S.C. § 405(g). “‘[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).
____________________________
Landya B. McCafferty
Chief Judge
Date: February 13, 2019
cc: Counsel of Record