Reynolds v. Commissioner Of Social Security, No. 3:2008cv00214 - Document 12 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on July 8, 2009 (Doc. # 11 ) is ADOPTED in full; 2. The Commissioners non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Dawn Rey nolds 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 this Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 007/29/09. (phil1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DAWN REYNOLDS, : Plaintiff, : Case No. 3:08cv00214 : vs. : MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : : Defendant. : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #11), 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. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on July 8, 2009 (Doc. #11) is ADOPTED in full; 2. The Commissioner s non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Dawn Reynolds 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 this Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. July 29, 2009 *S/THOMAS M. ROSE Thomas M. Rose United States District Judge 2

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