Pettry v. Commissioner Social Security Administration

Filing 22

ORDER adopting 21 the Report and Recommendation. Signed by Judge Michael H. Watson on 2/26/16. (jk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Heath Allan Pettry,
Plaintiff,
v.

Case No. 2:15-cv-163

Carolyn W. Colvin,
Acting Commissioner of the
Social Security Administration,

Judge Michael H. Watson

Defendant.
ORDER

On July 21, 2015, Magistrate Judge Kemp, to whom this case was referred
pursuant to 28 U.S.C. § 636(b)(1)(B) and General Order No. 14-01, filed a Report
and Recommendation (uR&Rn), ECF No. 21, concerning the disposition of Health

Allan Pettry's ("Plaintiff") Complaint, ECF No. 3, in this Social Security case. The
R&R recommended sustaining Plaintiffs statement of errors and remanding the
case to the Commissioner. R&R 9, ECF No. 21.

Magistrate Judge Kemp notified the parties of their right to file objections to

the R&R pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b). Id. Magistrate Judge Kemp specifically advised the parties that the failure
to object to the R&R within fourteen days would result in a waiver of the right to
de novo review by the District Judge. Id at 9-10. The deadline for filing such
objections has passed, and no objections were filed.

Having received no objections, the R&R, ECF No. 21, is ADOPTED. The

decision of the Commissioner of Social Security is REVERSED, and this matter
is REMANDED to the Commissioner and ALJ.

The Clerk is DIRECTED to enter FINAL JUDGMENT pursuant to

Sentence 4 of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:15-cv-163

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