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Payne v. Astrue

United States District Court, S.D. Ohio, Eastern Division
Aug 11, 2010
Civil Action 2:09-cv-00508 (S.D. Ohio Aug. 11, 2010)

Opinion

Civil Action 2:09-cv-00508.

August 11, 2010


ORDER


This matter is before the Court for consideration of the July 14, 2010, Report and Recommendation of the Magistrate Judge (Doc. 15). The Magistrate Judge recommended that the Court reverse the Commissioner of Social Security's non-disability finding and remand this case to the Commissioner for further proceedings consistent with the Report and Recommendation.

The Report and Recommendation of the Magistrate Judge specifically advises parties that the failure to object to the Report and Recommendation within fourteen days of the Report results in a "waiver of the right to de novo review . . . by the District Judge and waiver of the right to appeal the judgment of the District Court." (Report and Recommendation, Doc. 15 at 46.) The time period for filing objections to the Report and Recommendation expired. Defendant has not objected to the Report and Recommendation.

The Court reviewed the Report and Recommendation of United States Magistrate Judge Elizabeth A. Preston Deavers, to whom this case was referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections expired, the Court ADOPTS the Report and Recommendation of the Magistrate Judge. Accordingly, the Court REVERSES Commissioner of Social Security's non-disability finding and REMANDS this case to the Commissioner for furthering proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED.


Summaries of

Payne v. Astrue

United States District Court, S.D. Ohio, Eastern Division
Aug 11, 2010
Civil Action 2:09-cv-00508 (S.D. Ohio Aug. 11, 2010)
Case details for

Payne v. Astrue

Case Details

Full title:KATHY L. PAYNE, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Aug 11, 2010

Citations

Civil Action 2:09-cv-00508 (S.D. Ohio Aug. 11, 2010)