Fulton v. Astrue

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Couch's Report and Recommendation Doc 16 and the Commissioner's decision is REVERSED and the case is REMANDED for further proceedings consistent with this decision. Signed by Honorable Joe Heaton on 12/15/11. (pw, )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

SCOTTY D. FULTON,
Plaintiff,
vs.
MICHAEL 1. ASTRUE,
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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No. CIV-10-1389-HE

ORDER
Plaintiff Scotty Fulton filed this case seeking judicial review of the final decision of
the Commissioner of the Social Security Administration ("Commissioner") denying his
application for disability insurance benefits and supplemental security income benefits.
Pursuant to 28 U.S.C. § 636(b)(l)(B), the case was referred to Magistrate Judge Valerie K.
Couch. Judge Couch recommended the Commissioner's decision be reversed and remanded.
Report and Recommendation [Doc. # 16].

Objections to Judge Couch's Report and

Recommendation were due by November 18, 2011.
The parties, having failed to object to the Report and Recommendation, waived their
right to appellate review of the factual and legal issues it addressed. United States v. 2121
E. 30th St., 73 F.3d 1057, 1059 (lOth Cir. 1996); see also 28 U.S.C. § 636(b)(l)(C) ("A
judge of the court shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made." (emphasis
added)).

The court therefore ADOPTS Magistrate Judge Couch's Report and

Recommendation [Doc. #16], and the Commissioner's decision is REVERSED and the case

REMANDED for further proceedings consistent with this decision.
IT IS SO ORDERED.
Dated this

15fh

day of December, 2011.

TON
STATES DISTRlCT JUDGE

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