Showalter v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Senior Judge Peter C Economus on 2/4/14. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOSHUA E.E. SHOWALTER,
Plaintiff,

Case No. 2:13-cv-283
Judge Peter C. Economus

v.
COMMISSIONER OF SOCIAL
SECURITY,

Magistrate Judge Norah McCann King
ORDER

Defendant.

This matter is before the Court for consideration of the Report and Recommendation of
the Magistrate Judge. (Doc. 20.) The Magistrate Judge recommended that the decision of the
Commissioner be reversed pursuant to Sentence 4 of 42 U.S.C. § 405(g) and that the action be
remanded to the Commissioner for further consideration of Listing 12.05C.
The Report and Recommendation of the Magistrate Judge specifically advised the parties
that failure to object to the Report and Recommendation within fourteen days results in a
“waiver of the right to de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.” (Doc. 20 at 20.) The
time period for filing objections to the Report and Recommendation has expired. No party has
objected to the Report and Recommendation.
The Court reviewed the Report and Recommendation of the Magistrate Judge pursuant to
28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such
objections has expired, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge.

Accordingly, the decision of the Commissioner is REVERSED and this matter is

REMANDED to the Commissioner for further consideration of Listing 12.05C.

IT IS SO ORDERED.

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