Tracy v. Commissioner of Social Security

Filing 20

ORDER adopting 19 Report and Recommendations. Signed by Judge Gregory L. Frost on 8/11/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

TINA M. TRACY,
Plaintiff,
Case No. 2:14-cv-1603
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 July 17, 2015 Report
and Recommendation (“R&R”) (ECF No. 19). In that filing, the Magistrate Judge considered
the administrative record (ECF No. 11), Plaintiff’s statement of specific errors (ECF No. 12), and
the Commissioner of Social Security’s (“Commissioner”) response in opposition (ECF No. 17).
The Magistrate Judge recommended that the Court sustain Plaintiff’s statement of specific errors
to the extent that the case be remanded to the Commissioner pursuant to 42 U.S.C. § 405(g),
sentence four.
The R&R advised the parties that, if any party sought review by the District Judge, that
party may file objections to the R&R within fourteen (14) days. (ECF No. 19, at 14.) The R&R
further advised the parties that the failure to object within fourteen days will “result in a waiver
of the right to have the district judge review the Report & Recommendation de novo, and also
operates as a waiver of the right to appeal the decision of the District Court adopting the Report

1

and Recommendation.” (Id. at 14–15 (citing Thomas v. Arn, 474 U.S. 140 (1985); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981)).)
The Court has reviewed the R&R. Noting that no objections have been filed, and that the
time for filing such objections has expired, the Court hereby ADOPTS AND AFFIRMS the
R&R (ECF No. 19) and ORDERS that this case be remanded to the Commissioner pursuant to
42 U.S.C. § 405(g), sentence four. The Clerk is DIRECTED to enter judgment accordingly and
terminate this case from 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

2