Williams v. Commissioner of Social Security, No. 3:2008cv00168 - Document 13 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY - It is therefore ORDERED that: The Report and Recommendations filed on June 25, 2009 12 is ADOPTED in full; The Commissioners non-disability determination is vacated; No finding is made regarding whether Plaintiff Chris Williams is under adisability within the meaning of the Social Security Act; Pursuant to sentence four of 42 U.S.C. §405(g), this case is remanded to the Commissioner of the Social Security Administration and an Administrative Law Judge for further consideration consistent with this Decision and Entry and with the Report and Recommendations 12 ; and This case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 7/14/2009. (davisj1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CHRIS WILLIAMS, : Plaintiff, : Case No. 3:08cv00168 : vs. : MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : : Defendant. : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #12), to whom this case was originally 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) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on June 25, 2009 (Doc. #12) is ADOPTED in full; 2. The Commissioner s non-disability determination is vacated; 3. No finding is made regarding whether Plaintiff Chris Williams is under a disability within the meaning of the Social Security Act; 4. Pursuant to sentence four of 42 U.S.C. §405(g), this case is remanded to the Commissioner of the Social Security Administration and an Administrative Law Judge for further consideration consistent with this Decision and Entry and with the Report and Recommendations (Doc. #12); and 5. This case is terminated on the docket of this Court. July 14, 2009 *S/THOMAS M. ROSE Thomas M. Rose United States District Judge 2

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