Preston v. Commissioner of Social Security

Filing 15

REPORT AND RECOMMENDATION re 3 Complaint: The Magistrate Judge RECOMMENDS that the decision of the Commissioner be VACATED and that this action be REMANDED to the Commissioner for further administrative proceedings. Objections to R&R due within fourteen days of the date of this Report. Signed by Magistrate Judge Norah McCann King on 8/3/2015. (er)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ELPHAN PRESTON, Plaintiff, vs. Civil Action 2:15-cv-135 Judge Graham Magistrate Judge King COMMISSIONER OF SOCIAL SECURITY, Defendant. REPORT AND RECOMMENDATION Upon joint stipulation of the parties, ECF No. 14, it is RECOMMENDED that the decision of the Commissioner be VACATED and that this action be REMANDED to the Commissioner, pursuant to Sentence 4 of 42 U.S.C. § 405(g), for further administrative proceedings. If any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). 28 Response to objections must be filed within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b). The parties are specifically advised that the failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court. See, e.g., Pfahler v. Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that “failure to constituted object a waiver to the of [the magistrate defendant’s] judge’s recommendations ability to appeal the district court’s ruling”); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005) (holding that defendant waived appeal of district court’s denial magistrate of judge’s pretrial report motion and by failing to recommendation). timely Even object when to timely objections are filed, appellate review of issues not raised in those objections is waived. Robert v. Tesson, 507 F.3d 981, 994 (6th Cir. 2007) (“[A] general objection to a magistrate judge’s report, which fails to specify the issues of contention, does not suffice preserve an issue for appeal . . . .”) (citation omitted)). August 3, 2015 s/Norah McCann King Norah McCann King United States Magistrate Judge to

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