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
2
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