Murray-Herman v. Commissioner of Social Security

Filing 10

REPORT AND RECOMMENDATIONS that 9 the parties' Joint Stipulation to Remand to the Commissioner be ACCEPTED; Judgment be ENTERED in Plaintiff's favor under Fed. R. Civ. P. 58, and this matter be REMANDED to the Social Security Administration for further proceedings; and, the case be terminated on the docket of the Court. Objections to R&R due by 3/19/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 3-2-15. (mcm1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON LOLITA MURRAY-HERMAN, Plaintiff, : : Case No. 3:14cv00247 vs. : District Judge Thomas M. Rose : Chief Magistrate Judge Sharon L. Ovington CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, : : Defendant. : REPORT AND RECOMMENDATIONS1 This social security case is presently before the Court upon the parties’ Joint Stipulation to Remand to the Commissioner (Doc. #9) and the record as a whole. The parties request the case be remanded to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings. IT IS THEREFORE RECOMMENDED THAT: 1. 2. 1 The parties’ Joint Stipulation to Remand to the Commissioner (Doc. #9) be ACCEPTED; Judgment be ENTERED in Plaintiff’s favor under Fed. R. Civ. P. 58, and this matter be REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings; and,  Attached hereto is NOTICE to the parties regarding objections to this Report and Recommendations.  3. The case be TERMINATED on the docket of this Court. March 2, 2015 s/ Sharon L. Ovington Sharon L. Ovington Chief United States Magistrate Judge 2 NOTICE REGARDING OBJECTIONS Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the proposed findings and recommendations within fourteen days after being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen days because this Report is being served by one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendations are based in whole or in part upon matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party's objections within fourteen days after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See, United States v. Walters, 638 F. 2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140 (1985). 3

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