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Case 5:12-cv-00363-HE Document 21 Filed 07/10/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

LYMAN W. WALKER,

v.

Plaintiff,

CAROLYN W. COLVIN, Commissioner
of Social Security Administration,

Defendant.

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ORDER

NO. CIV-12-0363-HE

Plaintiff Lyman Walker instituted this action seeking judicial review of the final

decision of the Commissioner of the Social Security Administration (“Commissioner”)

denying his applications for disability insurance benefits and supplemental security income.

Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Shon

T. Erwin who recommends that the decision be reversed and the matter remanded for further

proceedings. Objections to the magistrate judge’s recommendation were due by June 28,

2013.

The parties, having failed to object to the Report and Recommendation, waived their

right to appellate review of the factual and legal issues it addressed. United States v. 2121

E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A

judge of the court shall make a de novo determination of those portions of the report or

specified proposed findings or recommendations to which objection is made.” (emphasis

added)). Accordingly, the court adopts Magistrate Judge Erwins’s Report and

Recommendation [Doc. #20], REVERSES the final decision of the Commissioner, and

Case 5:12-cv-00363-HE Document 21 Filed 07/10/13 Page 2 of 2

REMANDS

the case for further proceedings consistent with

the Report and

Recommendation. This does not suggest or imply any view as to whether plaintiff is or is

not disabled or what result should be reached on remand.

IT IS SO ORDERED.

Dated this 10th day of July, 2013.



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