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Carter v. Commissioner of Social Security

United States District Court, Sixth Circuit

September 10, 2013

SHARI DAWN CARTER, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

MEMORANDUM OF OPINION AND ORDER

JOHN R. ADAMS, District Judge.

The Social Security Administration denied Plaintiff's claim for social security benefits in the above-captioned case. Plaintiff sought judicial review of the Commissioner's decision, and this Court referred the case to Magistrate Judge Kenneth S. McHargh for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rules 72.2(b)(1). The Magistrate Judge submitted a report and recommendation (Doc. 19) recommending that the Court VACATE and REMAND the Commissioner's decision.

Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a report and recommendation within fourteen (14) days after service. On August 8, 2013, the Commissioner filed a response to the Report and Recommendation stating that it does not object to the Magistrate Judge's recommendation. (Doc. 21). Accordingly, any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted. The Commissioner's decision is VACATED and the matter is REMANDED back to the administration. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), ...


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