Neeld v. Commissioner of Social Security Administration, No. 4:2011cv01168 - Document 26 (N.D. Ohio 2012)
Court Description: Memorandum Opinion and Order adopting the re 24 amended Report and Recommendation and 22 Report and Recommendation of the Magistrate Judge. The Commissionrt's decision is reversed and remanded for a new hearing. An appeal from this decision could not be taken in good faith. Judge John R. Adams on 5/23/12. (K,C)
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Neeld v. Commissioner of Social Security Administration Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DAWN NEELD, Plaintiff, -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. ) CASE NO. 4:11CV1168 ) ) JUDGE JOHN R. ADAMS ) ) ) MEMORANDUM OF OPINION ) ) AND ORDER ) ) The Social Security Administration denied Plaintiff’s claim for Period of Disability (“POD”) and Disability Insurance Benefits (“DIB) in the above-captioned case. Plaintiff sought judicial review of the Commissioner’s decision, and this Court referred the case to Magistrate Judge Kenneth 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. 22) recommending that the Court VACATE the Commissioner’s decision and REMAND the matter for a new hearing. Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a report and recommendation within fourteen (14) days after service. No objections have been filed within the 14-day period. On May 17, 2012, Defendant filed a notice stating that it would not be objecting to the report and recommendation (Doc. 23). 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 1 Dockets.Justia.com 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). Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted. The Commissioner’s decision is REVERSED and REMANDED for a new hearing. 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. /s/ John R. Adams____ _______ UNITED STATES DISTRICT JUDGE Dated: May 23, 2012 2
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