Karns v. Commissioner of Social Security

Filing 14

DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on July 21, 2011 (Doc. # 13 ) is ADOPTED in full; 2. The Commissioners final decision that Plaintiff is not under a "disability" as defined by the So cial Security Act is VACATED. 3. No finding is made regarding whether Plaintiff is under a "disability" as defined by the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with this Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 08/10/11. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

DOUGLAS A. KARNS,

:

Plaintiff,

:
:

vs.
MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,

Case No. 3:10cv00318
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

:
:

Defendant.

:

DECISION AND ENTRY

The Court has conducted a de novo review of the Report and Recommendations of
United States Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case was
originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been
filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has
expired, hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that:
1.

The Report and Recommendations filed on July 21, 2011 (Doc. #13) is
ADOPTED in full;

2.

The Commissioner’s final decision that Plaintiff is not under a “disability”
as defined by the Social Security Act is VACATED;

3.

No finding is made regarding whether Plaintiff is under a “disability” as
defined by the Social Security Act;

4.

This matter is REMANDED to the Social Security Administration pursuant
to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent
with this Decision and Entry and the Report and Recommendations; and

5.

This case is terminated on the docket of this Court.

August 10, 2011

*s/THOMAS M. ROSE

Thomas M. Rose
United States District Judge

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