Berry v. Commissioner of Social Security, No. 1:2017cv00053 - Document 23 (S.D. Ohio 2017)
Court Description: DECISION AND ENTRY ADOPTING 13 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendant's motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(1) 10 is DENIED. Signed by Judge Timothy S. Black on 12/15/17. (gs)
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Berry v. Commissioner of Social Security Doc. 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BREE BERRY, on behalf of L.W., Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : Case No. 1:17-cv-53 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 13) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on June 16, 2017, submitted a Report and Recommendation (Doc. 13). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby adopted in its entirety. Accordingly, Defendant’s motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. 10) is DENIED. Dockets.Justia.com IT IS SO ORDERED. Date: __________ 12/15/17 ________________________ Timothy S. Black United States District Judge 2
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