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)

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

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