Mascaro v. Commissioner of Social Security Administration

Filing 16

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
EASTERN DIVISION

JOHN MASCARO,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL,
SECURITY ADMINISTRATION

Defendant.

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CASE NO. 1:16-cv-00436-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
AND RECOMMENDATION

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
is made.
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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