Smart v. Commissioner of Social Security Administration

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 - and overruling objections 14 to the Report and Recommendations 13 , affirming the Commissioner's Non-Disability Determination and terminating case. Signed by Judge Thomas M. Rose on 12-31-2015. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CLARENCE A. SMART, JR., Plaintiff, : : Case No. 3:14-cv-392 v. : Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, : : Defendant. : ______________________________________________________________________________ ORDER OVERRULING OBJECTIONS (DOC. 14) TO THE REPORT AND RECOMMENDATIONS (DOC. 13); ADOPTING THE REPORT AND RECOMMENDATIONS (DOC. 13) IN THEIR ENTIRETY; AFFIRMING THE COMMISSIONER’S NON-DISABILITY DETERMINATION; AND TERMINATING THIS CASE ______________________________________________________________________________ This is an action under 42 U.S.C. § 405(g) for review of the decision of the Commissioner of Social Security (“Commissioner”) denying Plaintiff’s applications for Disability Insurance Benefits and Supplemental Security Income. On November 23, 2015, Chief Magistrate Judge Sharon L. Ovington entered a Report and Recommendations (Doc. 13), which recommended that this Court affirm the Commissioner’s non-disability finding. On December 9, 2015, Plaintiff filed Objections (Doc. 14) to the Report and Recommendations. The Commissioner did not file a response to Plaintiff’s Objections, and the time to do so has expired. This matter is therefore ripe for the Court’s review. As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff’s Objections (Doc. 14) to the Report and Recommendations (Doc. 13) are not well taken and they are hereby OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 13) in their entirety, and therefore AFFIRMS the Commissioner’s non-disability determination. The Clerk is ORDERED to terminate this case on the docket of this Court. DONE and ORDERED in Dayton, Ohio, this Thursday, December 31, 2015. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2

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