1:16-cv-00245•Martinage v. US Social Security Administration, Acting Commissioner
Martinage v. US Social Security Administration, Acting Commissioner
1:16-cv-00245NhdMay 11, 2017
Full text
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Paul Joseph Martinage v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration Civil No. 16-cv-00245-PB O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated April 20, 2017, deny defendant’s motion to affirm (doc. no. 15), grant plaintiff’s motion to reverse (doc. no. 10), and I remand this matter to the Acting Commissioner for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). The clerk is directed to enter judgment in accordance with this order and close the case. “‘[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.’” School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also United States v. Valencia- Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice, Case 1:16-cv-00245-PB Document 18 Filed 05/11/17 Page 1 of 2
failure to file a specific objection to magistrate's report will waive the right to appeal). SO ORDERED. /s/Paul Barbadoro Paul Barbadoro United States District Judge Date: May 11, 2017 cc: Counsel of Record Case 1:16-cv-00245-PB Document 18 Filed 05/11/17 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.