Dulin v. Commissioner of Social Security
Filing
13
REPORT AND RECOMMENDATIONS re 2 Complaint filed by Anthony L Dulin - IT IS THEREFORE RECOMMENDED THAT: 1. The parties Joint Stipulation to Remand to the Commissioner (Doc. # 12 ) be ACCEPTED; 2. The Clerk of Court be directed to enter Judgment in favor of Plaintiff and against Defendant reversing Defendants final decision and remanding this matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. §405(g) for further proceedings consistent with an Order adopting this Report and Recommendations; and 3. The case be terminated on the docket of this Court. Objections to R&R due by 6/1/2015. Signed by Magistrate Judge Sharon L. Ovington on 05/14/15. (pb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY L. DULIN,
:
Plaintiff,
:
Case No. 3:14cv00288
vs.
:
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
:
Defendant.
:
:
REPORT AND RECOMMENDATIONS1
This case is before the Court upon the parties’ Joint Stipulation to Remand to the
Commissioner (Doc. #12), and the record as a whole. In light of the parties’ agreement,
an Order entering judgment in Plaintiff’s favor and against Defendant, and remanding
this matter to the Social Security Administration under sentence four of 42 U.S.C.
§405(g) for further administrative proceedings, is warranted.
IT IS THEREFORE RECOMMENDED THAT:
1.
The parties’ Joint Stipulation to Remand to the Commissioner (Doc. #12) be
ACCEPTED;
2.
The Clerk of Court be directed to enter Judgment in favor of Plaintiff and
against Defendant reversing Defendant’s final decision and remanding this
matter to the Social Security Administration pursuant to sentence four of 42
U.S.C. §405(g) for further proceedings consistent with an Order adopting
1
Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.
this Report and Recommendations; and
3.
The case be terminated on the docket of this Court.
May 14, 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 Recommendation
is 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 Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?