Preston v. Commissioner of Social Security

Filing 15

ORDER adopting Report and Recommendations re 14 Report and Recommendations.. Signed by Judge James L. Graham on 1/3/2017. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
James R. Preston,
Plaintiff,
v.

Case No. 2:16-cv-129

Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the
December 9, 2016, report and recommendation of the United States
magistrate judge to whom this case was referred pursuant to 28
U.S.C. §636(b).

The magistrate judge recommended that the court

remand this case to the Commissioner for further proceedings under
42 U.S.C.§405(g), sentence four.
The report and recommendation specifically advised the parties
that failure to object to the report and recommendation within
fourteen days of the report “will result in a waiver of the right
to have the district judge review the Report and Recommendation de
novo and also operates as a waiver of the right to appeal the
decision

of

the

Recommendation.”

District

Court

Doc. 14, p. 14.

adopting

the

Report

and

The time period for filing

objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.
The

court

adopts

the

report

and

recommendation

of

the

magistrate judge (Doc. 14). The plaintiff’s statement of errors is
sustained

to

the

extent

that

this

case

is

remanded

to

the

Commissioner under §405, sentence four, for further proceedings in

accordance with the report and recommendation.

The clerk is

directed to enter judgment remanding this case to the Commissioner.

Date: January 3, 2017

s/James L. Graham
James L. Graham
United States District Judge

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