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Fagin v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Feb 14, 2012
Case Number: 1:10cv813 (S.D. Ohio Feb. 14, 2012)

Summary

holding that a moving party may not raise new issues for the first time in its reply brief

Summary of this case from Melinda v. Comm'r of Soc. Sec.

Opinion

Case Number: 1:10cv813

02-14-2012

Rebecca Fagin, on behalf of Brandon Pointer, Plaintiff(s), v. Commissioner of Social Security, Defendant(s).


Chief Judge Susan J. Dlott


ORDER

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on January 24, 2012 (Doc. 17), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired February 10, 2012, hereby ADOPTS said Report and Recommendation.

Accordingly, this case is REVERSED and REMANDED for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

_________________

Chief Judge Susan J. Dlott

United States District Court


Summaries of

Fagin v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Feb 14, 2012
Case Number: 1:10cv813 (S.D. Ohio Feb. 14, 2012)

holding that a moving party may not raise new issues for the first time in its reply brief

Summary of this case from Melinda v. Comm'r of Soc. Sec.

holding that a moving party may not raise new issues for the first time in its reply brief

Summary of this case from Reed v. Comm'r of Soc. Sec.

reversing the decision of the Commission for the ALJ's failure to consider evidence relating to this domain

Summary of this case from Marshall ex rel. D.L.M. v. Comm'r of Soc. Sec.
Case details for

Fagin v. Comm'r of Soc. Sec.

Case Details

Full title:Rebecca Fagin, on behalf of Brandon Pointer, Plaintiff(s), v. Commissioner…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 14, 2012

Citations

Case Number: 1:10cv813 (S.D. Ohio Feb. 14, 2012)

Citing Cases

Tonya R. v. Kijakazi

Jan. 24, 2012), report and recommendation adopted sub nom. Fagin v. Comm'r of Soc. Sec., No. 1:10-cv-813, …

Reed v. Comm'r of Soc. Sec.

See Fagin ex rel. B.P. v. Comm'r of Soc. Sec., No. 1:10-cv-813, 2012 WL 213801, at *11 n.1 (S.D. Ohio Jan.…