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)

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