Carter v. Commissioner of Social Security, No. 1:2012cv02700 - Document 22 (N.D. Ohio 2013)

Court Description: Memorandum Opinion and Order adopting the report and recommendation of the Magistrate Judge re 19 . The Commissioner's decision is vacated and the matter is remanded back to the administration. An appeal from this decision could not be taken in good faith. Judge John R. Adams on 9/10/13. (K,C) Modified on 9/11/2013 (K,C).

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Carter v. Commissioner of Social Security Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SHARI DAWN CARTER, Plaintiff, -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:12CV2700 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION AND ORDER The Social Security Administration denied Plaintiff’s claim for social security benefits in the above-captioned case. Plaintiff sought judicial review of the Commissioner’s decision, and this Court referred the case to Magistrate Judge Kenneth S. McHargh for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rules 72.2(b)(1). The Magistrate Judge submitted a report and recommendation (Doc. 19) recommending that the Court VACATE and REMAND the Commissioner’s decision. Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a report and recommendation within fourteen (14) days after service. On August 8, 2013, the Commissioner filed a response to the Report and Recommendation stating that it does not object to the Magistrate Judge’s recommendation. (Doc. 21). Accordingly, any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 1 Dockets.Justia.com Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted. The Commissioner’s decision is VACATED and the matter is REMANDED back to the administration. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. Dated: September 10, 2013 /s/ John R. Adams____ _______ UNITED STATES DISTRICT JUDGE 2

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