Gibson v. Commissioner of Social Security

Filing 14

ENTRY AND ORDER OVERRULING OBJECTIONS 12 , ADOPTING REPORT AND RECOMMENDATIONS 11 , AFFIRMING THE COMMISSIONER'S NON-DISABILITY FINDING AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 4-23-2018. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
YONEST L. GIBSON,

:
Case No. 3:17-CV-210
:
Plaintiff,
:
Judge Thomas M. Rose
:
v.
:
:
COMMISSIONER OF SOCIAL SECURITY, :
:
Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 12),
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 11), AFFIRMING
THE COMMISSIONER’S NON-DISABILITY FINDING
AND TERMINATING THIS CASE
______________________________________________________________________________
This Social Security disability benefits appeal is before the Court on the
Objections (Doc. 12) filed by Plaintiff Yonest L. Gibson (“Plaintiff”) to Magistrate Judge
Michael J. Newman’s Report and Recommendations (“Report”) (Doc. 11). Magistrate
Judge Newman recommended that the Commissioner’s non-disability finding be found
supported by substantial evidence in the record and affirmed.

Plaintiff, who was

denied Disability Insurance Benefits based on the Commissioner’s non-disability
finding, filed Objections (Doc. 12) to the Report. The Commissioner responded to the
Objections; this matter is therefore ripe for review. (Doc. 13.)
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. 12) to the Report (Doc. 11) are not well-taken and

are hereby OVERRULED. The Court ADOPTS the Report (Doc. 11) and rules as
follows:
1. The Commissioner’s non-disability finding is supported by substantial
evidence in the record and is hereby AFFIRMED; and
2. This case is TERMINATED on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Monday, April 23, 2018.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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