Howell v. Commissioner of Social Security

Filing 19

Order Adopting Report and Recommendation re 18 and Order of Case Dismissal. Report and Recommendation is ADOPTED and the decision of the Commissioner is reversed and remanded for further proceedings consistent with the Report and Recommendation. Judge Christopher A. Boyko on 1/24/2018. (R,D)

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

TAMMY H. HOWELL,
Plaintiff,
-vsCommissioner of Social Security,
Defendant.

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Case No. 1:17CV316

ORDER

JUDGE CHRISTOPHER A. BOYKO

On February 16, 2017, Plaintiff filed a Complaint pursuant to Title 42
U.S.C. Section 405(g) (Dkt.#5). This matter was referred to Magistrate Judge
James R. Knepp, II, pursuant to Local Rule 72.2. On January 9, 2018, the
Magistrate Judge recommended that the decision of the Commissioner be
reversed and the matter remanded for further proceedings. (Dkt. #18).
FED. R. CIV.P. 72(b) provides that objections to a report and
recommendation must be filed within fourteen days after service, but Plaintiff
and Defendant have failed to timely file any such objections. Therefore, the
Court must assume that both are 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 Knepp’s Report and Recommendation is
ADOPTED and the decision of the Commissioner is reversed and remanded
for further proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED.
Dated:1/24/2018

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