Cook v. Commissioner of Social Security

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 18 Report and Recommendation of Magistrate Judge Charles Goodwin and the decision is reversed and remanded for further proceedings...this does not suggest or imply any view as to whether the claimant is or is not disabled or what result should be reached on remand. Signed by Honorable Joe Heaton on 08/25/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DAVID ALAN COOK,
Plaintiff,
v.
CAROLYN W. COLVIN, acting
Commissioner, Social Security
Administration
Respondent.

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NO. CIV-13-0211-HE

ORDER
Plaintiff David Alan Cook filed this action pursuant to 42 U.S.C. § 405(g) seeking
judicial review of the Commissioner’s final decision denying his application for disability
insurance benefits under the Social Security Act. Consistent with 28 U.S.C. § 636(b)(1)(B),
the case was referred to Magistrate Judge Charles B. Goodwin, who recommends that the
decision be reversed and remanded for further proceedings. Objections to the magistrate
judge’s Report and Recommendation were due by August 13, 2014.
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 Goodwin’s Report and

Recommendation [Doc. #18], and the decision is REVERSED and REMANDED for further

proceedings. This does not suggest or imply any view as to whether the claimant is or is not
disabled, or what result should be reached on remand.
IT IS SO ORDERED.
Dated this 25th day of August, 2014.

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