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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN MASCARO, Plaintiff, vs. COMMISSIONER OF SOCIAL, SECURITY ADMINISTRATION Defendant. ) ) ) ) ) ) ) ) ) ) ) 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 -2-

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