Nieding v. Commissioner of Social Security

Filing 19

Order Adopting 17 Report and Recommendation in its entirety. The Commissioner's final decision is vacated and this case is remanded for further proceedings pursuant to 42 U.S.C. §405(g). Judge Jack Zouhary on 1/9/2014. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Kelly L. Nieding,

Case No. 3:13 CV 666
Plaintiff,

-vs-

ORDER
JUDGE JACK ZOUHARY

Commissioner of Social Security,
Defendant.

This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed December 20, 2013 (Doc. 17). The R&R recommends this Court vacate the decision of the
Commissioner and remand Plaintiff’s case for further proceedings (id. at 10–11). Defendant filed a
document notifying this Court that she will not be filing an objection to the R&R (Doc. 18).
The decision not to file objections within the 14-day time frame set forth in 28 U.S.C. § 636(b)
constitutes a waiver of de novo review by the district court. See United States v. Sullivan, 431 F.3d
976, 984 (6th Cir. 2005); Thomas v. Arn, 474 U.S. 140 (1985). The R&R, which accurately states the
facts and law, is adopted in its entirety. Accordingly, the Commissioner’s final decision is vacated
and this case is remanded for further proceedings pursuant to 42 U.S.C. § 405(g).
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U.S. DISTRICT JUDGE
January 9, 2014