Martinage v. US Social Security Administration, Acting Commissioner

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