Foy v. Commissioner of Social Security

Filing 20

Order Adopting Report and Recommendation re 19 , Order of Case Dismissal. The decision of the Commissioner is vacated and the case remanded for further proceedings consistent with the Report and Recommendation. Judge Christopher A. Boyko on 7/8/2015. (R,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN B. FOY,
Plaintiff,
-vsCommissioner of Social Security,
Defendant.

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Case No. 1:14CV907

ORDER

JUDGE CHRISTOPHER A. BOYKO

On April 28,2014, Plaintiff filed a complaint pursuant to Title 42 U.S.C.
Section 405(g) (Dkt.#1). This matter was referred to Magistrate Judge George
J. Limbert pursuant to Local Rule 72.2. On June 15, 2015, the Magistrate
Judge recommended that the decision of the Commissioner be reversed and
the matter remanded for further proceedings. (Dkt. #19).
FED. R. CIV.P. 72(b) provides that objections to a report and
recommendation must be filed within fourteen days after service, but Petitioner
has failed to timely file any such objections. Therefore, the Court must assume
that Petitioner is satisfied with the Magistrate Judge’s recommendation. Any

further review by this Court would be a duplicative and an inefficient use of the
Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d,
474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932
F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981).
Therefore, Magistrate Judge Limbert’s Report and Recommendation is
ADOPTED and the decision of the Commissioner is vacated and the case
remanded for further proceedings consistent with the Report and
Recommendation.

IT IS SO ORDERED.
Dated:7/8/2015

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE