Jones v. Commissioner of Social Security, No. 3:2008cv00224 - Document 16 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON AUGUST 12, 2009 (Doc. 15 ); VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SECTION FOUR OF 42 U.S.C. 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THE REPORT AND RECOMMENDATIONS (Doc. 15 ); AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 9/1/2009. (sc1, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ROBBIN L. JONES, Plaintiff, vs. Case No. 3:08cv00224 District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON AUGUST 12,2009 (Doc. #15); VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SECTION FOUR OF 42 U.S.c. § 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THE REPORT AND RECOMMENDATIONS (Doc. #15); AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #15), to whom this case was originally referred pursuant to 28 US.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 in full said Report and Recommendations. . It therefore is ORDERED that: 1. The Report and Recommendations filed on August 12, 2009 (Doc. #15) are ADOPTED in full; 2. The Commissioner's non-disability findings is VACATED; 3. No finding is made as to whether Plaintiff Robbin L. Jones was under a "disability" within the meaning of the Social Security Act; 4. This case is REMANDED to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.c. § 405(g) for further consideration consistent with the Report and Recommendations (Doc. #15); and 5. This case is TERMINATED on the docket of this Court. Walter Herbert Rice United States District Judge 2
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