Barcelona v. Commissioner of Social Security, No. 3:2006cv00382 - Document 11 (S.D. Ohio 2008)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JANUARY 15, 2008 10 ; REMANDING CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. §405(Q) TERMINATION ENTRY. Signed by Judge Walter H Rice on 02/01/2008. (davisj1, )

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Barcelona v. Commissioner of Social Security Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON WILLIAM BARCELONA, Plaintiff, Case No.3 :06CV382 vs. MICHAEL 1. ASTRUE, Commissioner of the Social Security Administration, District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington Defendant. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JANUARY 15, 2008(DOC. #10); REMANDING CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. §405(Q) TERMINATION ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #10), 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. neb) has expired, hereby ADOPTS in full said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on January 15, 2008 (Doc. #10) is ADOPTED in full; 2. The Commissioner's non-disability finding is vacated; 3. No finding is made as to whether Plaintiff William Barcelona is under a "disability" within the meaning of the Social Security Act; Dockets.Justia.com 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; and 5. The case is terminated on the docket of this Court. Walter Herbert Rice United States District Judge 2

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