Adams v. Astrue

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 of Magistrate Judge Suzanne Mitchell and reverses the final decision of the Commissioner and Remands the case for further proceedings consistent with the report and recommendation. Signed by Honorable Joe Heaton on 08/26/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MARIA M. ADAMS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner
of Social Security Administration,
Defendant.

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NO. CIV-12-0817-HE

ORDER
Plaintiff Maria M. Adams instituted this action seeking judicial review of the final
decision of the Commissioner of the Social Security Administration (“Commissioner”)
denying her claim for supplemental security income payments on behalf of her minor child.
Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Suzanne
Mitchell, who recommends that the decision be reversed and the matter remanded for further
proceedings. Objections to the magistrate judge’s recommendation were due by August 15,
2013.
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 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(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)).

Accordingly, the court adopts Magistrate Judge Mitchell’s Report and

Recommendation [Doc. #17], REVERSES the final decision of the Commissioner and
REMANDS the case for further proceedings consistent with the Report and
Recommendation.
IT IS SO ORDERED.
Dated this 26th day of August, 2013.

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