Burger v. Astrue

Filing 16

ORDER ADOPTING 15 Report and Recommendation. Dft's final decision is REVERSED & this matter is REMANDED for further administrative proceedings pursuant to sentence four of 42 USC § 405(g). Signed by Honorable Stephen P. Friot on 2/6/14. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

TODD A. BURGER,
Plaintiff,
-vsCAROLYN W. COLVIN,
Commissioner, Social Security
Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-13-0062-F

ORDER
On January 16, 2014, United States Magistrate Judge Suzanne Mitchell issued
a Report and Recommendation, wherein she recommended that defendant’s final
decision be reversed and the matter remanded for further proceedings. Magistrate
Judge Mitchell advised the parties of their right to object to the Report and
Recommendation by February 5, 2014 and that failure to make timely objection to the
Report and Recommendation waives the right to appellate review of both factual and
legal issues therein contained.
To date, neither party has filed an objection to the Report and Recommendation
nor sought an extension of time to file an objection. With no objection to the Report
and Recommendation being filed within the time prescribed, the court accepts the
Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Suzanne Mitchell (doc. no. 15) is ACCEPTED. Defendant’s final
decision is REVERSED and this matter is REMANDED for further administrative

proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Judgment shall issue
forthwith.
DATED February 6, 2014.

13-0062p002.wpd

2