Karns v. Commissioner of Social Security, No. 3:2010cv00318 - Document 14 (S.D. Ohio 2011)

Court Description: DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on July 21, 2011 (Doc. # 13 ) is ADOPTED in full; 2. The Commissioners final decision that Plaintiff is not under a "disability" as defined by the So cial Security Act is VACATED. 3. No finding is made regarding whether Plaintiff is under a "disability" as defined by the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings 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 08/10/11. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DOUGLAS A. KARNS, : Plaintiff, : : vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Case No. 3:10cv00318 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. #13), 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 21, 2011 (Doc. #13) is ADOPTED in full; 2. The Commissioner s final decision that Plaintiff is not under a disability as defined by the Social Security Act is VACATED; 3. No finding is made regarding whether Plaintiff is under a disability as defined by the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with this Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. August 10, 2011 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge 2

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