Johnson v. Commissioner of Social Security

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 19 of Magistrate Judge Bernard M. Jones...the court reverses the final decision of the Commissioner and remands this case for further proceedings consistent with the Report and Recommendation. Signed by Honorable Joe Heaton on 12/8/2016. (Attachments: # 1 Attachment 1 - Report and Recommendation)(cla)

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

LISA R. JOHNSON,
Plaintiff,
NO. CIV-15-1009-HE

V.

CAROLYN W. COLVIN,

Acting Commissioner
of Social Security Administration,
Defendant.
ORDER

Plaintiff Lisa R. Colvin filed this suit to appeal the final decision of the Acting

Commissioner of the Social Security Administration ("Commissioner") denying her
application for disabilityinsurancebenefitsand supplemental securityincomebenefitsunder
the Social Security Act. The case was referred for initial proceedings consistent with 28
U.S.C. § 636(b)(1)(B) to U.S. Magistrate Judge Bernard M. Jones, who recommends that the
decision ofthe Commissioner be reversed and the matter remanded for further proceedings.

Objections to the Report and Recommendation were due by December2,2016. No objection
has been filed.

Having failed to object to the Report and Recommendation, the parties have waived
their right to appellate review of the factual and legal issues it addressed. Martinez v.
Barnhart. 444 F.3d 1201, 1208 (10th Cir. 2006); 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)).

i?

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Accordingly, the Report and Recommendation [Doc. No. 19] is ADOPTED. The decision
ofthe Commissioner is REVERSED and this case is REMANDED for further proceedings

consistent with the Report and Recommendation, a copy of which is attached to this order.
IT IS SO ORDERED.

Dated this

day of December, 2016.

TON

I.S. DISTRICT JUDGE