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Banham v. Astrue

United States District Court, N.D. Ohio, Eastern Division
Jan 5, 2010
CASE NO. 1:08CV2886 (N.D. Ohio Jan. 5, 2010)

Opinion

CASE NO. 1:08CV2886.

January 5, 2010


ORDER


This matter is an action to review a final decision of the Commissioner of Social Security denying Plaintiff's application for Disability Insurance Benefits and Supplemental Security Insurance.

On December 30, 2008, the instant matter was automatically referred to United States Magistrate Judge George J. Limbert, pursuant to L.R. 72.2(b), for the issuance of a Report and Recommendation. On December 10, 2009, Magistrate Judge Limbert issued a Report and Recommendation recommending that the final decision of the Administrative Law Judge should be reversed and the matter remanded for further proceedings. (Dkt. # 15).

Rule 72(b) of the Federal Rules of Civil Procedure provides that objections to a report and recommendation must be filed within ten (10) days after service. See FED. R. CIV. P. 72(b). The Defendant has informed the Court that he will not be objecting to the Magistrate Judge's Report and Recommendation. Any further review by this Court would be a duplicative and an inefficient use of the Court's limited resources. See Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Therefore, the Report and Recommendation of Magistrate Judge Limbert (Dkt. # 15) is hereby ADOPTED. Accordingly, the decision of the Administrative Law Judge is hereby REVERSED, and the matter is remanded for further proceedings, consistent with the Magistrate Judge's Report and Recommendation.

IT IS SO ORDERED.


Summaries of

Banham v. Astrue

United States District Court, N.D. Ohio, Eastern Division
Jan 5, 2010
CASE NO. 1:08CV2886 (N.D. Ohio Jan. 5, 2010)
Case details for

Banham v. Astrue

Case Details

Full title:BARRY BANHAM, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Jan 5, 2010

Citations

CASE NO. 1:08CV2886 (N.D. Ohio Jan. 5, 2010)

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