Holmes v. Commissioner of Social Security

Filing 27

ORDER granting 24 Motion to Remand ; granting 25 Motion to Remand; adopting Report and Recommendations re 26 Report and Recommendations.. Signed by Judge Gregory L Frost on 7/5/13. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

ALLEN G. HOLMES,
Plaintiff,
Case No. 2:12-cv-680
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s June 17, 2013
Report and Recommendation. (ECF No. 26.) In that filing, the Magistrate Judge recommended
that the Court grant each party’s motion to remand (ECF Nos. 24, 25) so that an administrative
law judge can conduct a new hearing and a new credibility assessment and issue a new decision.
(ECF No. 26, at Page ID # 412.) The Report and Recommendation also advised the parties that
the failure to object within fourteen days would “result in a waiver of the right to have the
district judge review the Report and Recommendation de novo, and also operates as a waiver of
the right to appeal the decision of the District Court adopting the Report and Recommendation.”
(Id. at Page ID # 413.)
The Court has reviewed the Report and Recommendation and the motions. Noting that
no objections have been filed, that the time for filing such objections has expired, and that the
Magistrate Judge’s reasoning is correct, the Court ADOPTS the Report and Recommendation
(ECF No. 26), GRANTS the motions to remand (ECF No. 24, 25), and, pursuant to sentence

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four of 42 U.S.C. § 405(g), REMANDS this matter for further proceedings. On remand, the
further proceedings shall include, but need not be limited to, an administrative law judge
conducting a new hearing, making a new credibility assessment, and issuing a new decision.
The Clerk shall enter judgment accordingly and terminate this case on the docket records of the
United States District Court for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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