Mascaro v. Commissioner of Social Security Administration
Order Adopting Report and Recommendation. For the reasons stated in the Order, the Court adopts the Magistrate Judge's Report and Recommendation, Doc. # 14 , in full, vacates the Commissioner's decision, and remands Plaintiff's case to the Social Security Administration for further proceedings consistent with this Order and the R & R. Signed by Judge Dan Aaron Polster on 12/20/2016. (K,K)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
COMMISSIONER OF SOCIAL,
CASE NO. 1:16-cv-00436-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
Before the Court is the Report and Recommendation of Magistrate Judge Jonathan D.
Greenberg (“R & R”), Doc #. 14, which recommends that the Court vacate the Commissioner’s
decision and remand the matter.
Under the relevant statute,
Within fourteen days after being served with a copy, any party may
serve and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
28 U.S.C. § 636(b)(1). However, where a party fails to object, a district court is not required to
conduct any review, de novo or otherwise, of the report and recommendations of a magistrate
judge. Thomas v. Arn, 474 U.S. 140, 149–50 (1985).
Here, the Commissioner timely filed a response indicating that she does not oppose the
R & R. Doc #: 15.
Accordingly, the Court ADOPTS the Magistrate Judge’s R & R, Doc. # 14, in full,
VACATES the Commissioner’s decision, and REMANDS Plaintiff’s case to the Social Security
Administration for further proceedings consistent with this Order and the R & R.
IT IS SO ORDERED.
/s/ Dan A. Polster Dec. 20, 2016
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE
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