3:09-cv-00203 | S.D. Ohio | Apr 20, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON VICTORIA MORRIS, : Case No. 3:09-cv-203 Plaintiff, District Judge Thomas M. Rose -vs- Magistrate Judge Michael R. Merz MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,

Defendant. : ORDER ADOPTING REPORT AND RECOMMENDATIONS The Court has reviewed the Report and Recommendations of United States

Magistrate Judge Michael R. Merz (Doc. #14), to whom this case was 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.

Accordingly, it is hereby ORDERED that, pursuant to the fourth sentence of 42 U.S.C. Section 405(g), the Commissioner’s decision that Plaintiff is not disabled is REVERSED and the matter is REMANDED to the Commissioner for additional administrative proceedings. April 20, 2010. *s/THOMAS M. ROSE

Thomas M. Rose United States District Judge