Opinion
Case No. 1:13-cv-295
01-14-2015
DAVID C. HOWARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE COURT
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on December 8, 2014, submitted a Report and Recommendations. (Doc. 35). No objections were filed.
As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and are hereby adopted.
Accordingly, the Report and Recommendations (Doc. 35) is ADOPTED in full. Specifically:
1. The Commissioner's motion for voluntary remand (Doc. 33) is GRANTED and this matter is REMANDED to the Commissioner for further administrative proceedings;
2. Plaintiff's motion for out of court settlement (Doc. 30) is DENIED as MOOT; and
3. Pursuant to 28 U.S.C. Section 1915(a), an appeal of any Order adopting this Report and Recommendation would not be taken in good faith.
IT IS SO ORDERED. Date: 1/14/15
/s/_________
Timothy S. Black
United States District Judge