Huminski v. Commissioner of Social Security

Filing 19

Memorandum Opinion and Order: The Court has reviewed Magistrate Judge Parker's report and recommendation and accepts and adopts the same. Accordingly, the final decision of the defendant is reversed and remanded pursuant to Sentence Four of 42 U.S.C. Section 405(g) for further proceedings consistent with this opinion. (Related Doc. No. 17 ). Judge Sara Lioi on 12/21/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DAVID JOHN HUMINSKI,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 5:16-cv-3000
JUDGE SARA LIOI
MEMORANDUM OPINION AND
ORDER

Before the Court is the report and recommendation of Magistrate Judge Thomas Parker,
recommending that the decision of the defendant Commissioner of Social Security (“defendant”)
denying the application of plaintiff David John Huminski (“plaintiff”) for period of disability,
disability insurance benefits, and supplemental security income be reversed and remanded pursuant
to Sentence Four of 42 U.S.C. § 405(g) for further proceedings. (See Doc. No. 17 (Report and
Recommendation [“R&R”]) at 801.1) The defendant’s response states that it will not be filing
objections to the R&R. (Doc. No. 18.)

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References to page numbers are to the page identification numbers generated by the Court’s electronic filing system.

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)(C).
The failure to file written objections to the report and recommendation of a magistrate judge
constitutes a waiver of a de novo determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States v.
Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed Magistrate Judge Parker’s report and recommendation and accepts
and adopts the same. Accordingly, the final decision of the defendant is reversed and remanded
pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with this opinion.
IT IS SO ORDERED.

Dated: December 21, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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