Kincaid v. Commissioner of Social Security

Filing 18

Order Adopting 16 Report and Recommendation in its entirety. This Court vacates the final decision of the Commissioner, and this case is remanded for further proceedings consistent with the R&R. Judge Jack Zouhary on 7/15/2014. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Stephen Jacob Kincaid,
Plaintiff,
-vs-

Case No. 3:13 CV 2154
ORDER
JUDGE JACK ZOUHARY

Commissioner of Social Security,
Defendant.

This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed June 27, 2014 (Doc. 16). Defendant indicated it will not be filing objections to the R&R (Doc.
17). The R&R recommends this Court vacate the final decision of the Commissioner and the case be
remanded for further proceedings. 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, which this Court adopts in its entirety.
Accordingly, this Court vacates the final decision of the Commissioner, and this case is remanded for
further proceedings consistent with the R&R.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U.S. DISTRICT JUDGE
July 15, 2014