Palacio v. Commissioner of Social Security
Order Adopting 19 Report and Recommendation, vacating the decision of the ALJ and remanding this matter for further proceedings consistent with the R&R. Judge Jack Zouhary on 7/31/2014. (D,L)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
Tammy M. Palacio,
Case No. 3:13 CV 967
REPORT AND RECOMMENDATION
-vsJUDGE JACK ZOUHARY
Commissioner of Social Security,
This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed July 18, 2014 (Doc. 19). Defendant indicated it will not file objections to the R&R. The R&R
recommends this Court vacate the decision of the ALJ and remand Plaintiff’s case for reevaluation
of the ALJ’s mental RFC (id. at 33). The failure to file objections within the time frame set forth in
the statute 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, 149 (1985).
The R&R accurately states the facts and law, and this Court adopts it in its entirety.
Accordingly, this Court vacates the decision of the ALJ and remands this matter for further
proceedings consistent with the R&R.
IT IS SO ORDERED.
s/ Jack Zouhary
U.S. DISTRICT JUDGE
July 31, 2014
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?