Panella v. Commissioner of Social Security, No. 3:2016cv00116 - Document 11 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY ADOPTING IN THEIR ENTIRETY REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 9 ), AND OVERRULING OBJECTIONS OF PLAINTIFF JOHNS. PANELLA (DOC. 10 ) TO SAID JUDICIAL FILING; JUDGMENTTO BE ENTERED IN FAVOR OF DEFEN DANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, AND AGAINST PLAINTIFF, AFFIRMING THEDEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL S ECURITY ACT; TERMINATION ENTRY- WHEREFORE, based upon the aforesaid, this Court adopts in their entirety the Report and Recommendations of the United States Magistrate Judge, Doc.# 9 , and overrules the Plaintiff's Objections to said judicial fi ling. Doc. # 10 . Judgment shall enter in favor of the Defendant Commissioner and against Plaintiff, affirming the decision of the Defendant Commissioner that Plaintiff was not disabled and, therefore, not entitled to benefits under the Act as supported by substantial evidence.2 The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 9/5/17. (kma)