Sfreddo v. Commissioner of Social Security

Filing 19

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 17 ); (2) OVERRULING PLAINTIFF'S OBJECTIONS (Doc. No. 18 ); (3) AFFIRMING THE COMMISSIONER'S NON-DISABILITY FINDING; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 3/27/2024. (acw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY S.,
Plaintiff,

Case No.: 3:23-cv-61

vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

District Judge Michael J. Newman
Magistrate Judge Elizabeth Preston Deavers

Defendant.
___________________________________________________________________________
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. No. 17); (2) OVERRULING
PLAINTIFF’S OBJECTIONS (Doc. No. 18); (3) AFFIRMING THE COMMISSIONER’S
NON-DISABILITY FINDING; AND (4) TERMINATING THIS CASE ON THE
COURT’S DOCKET
______________________________________________________________________________
This Social Security appeal is before the Court on the Report and Recommendation issued
by United States Magistrate Judge Elizabeth Preston Deavers (Doc. No. 17), to whom this case
was referred pursuant to 28 U.S.C. § 636(b). Judge Deavers recommended that the Administrative
Law Judge’s (“ALJ’s”) non-disability finding be affirmed. Plaintiff objects to the Report and
Recommendation (Doc. No. 18), and the Commissioner has not responded.
Upon careful de novo consideration of the foregoing, the Court determines that the Report
and Recommendation sets forth the applicable law and is well reasoned. Accordingly, it is hereby
ORDERED that: (1) the Report and Recommendation is ADOPTED; (2) Plaintiff’s objections
are OVERRULED; (3) the ALJ’s non-disability finding is AFFIRMED; and (4) this case is

TERMINATED on the docket. The Clerk of Court is ORDERED to enter judgment in the
Commissioner’s favor pursuant to Fed. R. Civ. P. 58.
IT IS SO ORDERED.
March 27, 2024

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge

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