govinfo:USCOURTS-ohsd-2_25-cv-01081-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
Malaki S., 

 Plaintiff, 
 v. Judge Graham 
 
Commissioner of Social Security, Magistrate Judge Shimeall 
 
 Defendant. 
 
Order 
 This matter is before the C ourt for consideration of the May 11, 2026 Report and 
Recommendation of the M agistrate Judge to whom this case was referred pursuant to 28 U.S.C. 
§636(b). The Magistrate Judge recommended that the Commissioner of Social Security’s nondisability 
finding be reversed and that this case be remanded to the Commissioner and the Administrative Law 
Judge under Sentence Four of 42 U.S.C. § 405(g). The Report and R ecommendation advised the 
parties that a failure to object within fourteen days would result in waiver of the right to have the 
District Judge review the Report and Recommendation de novo and a waiver of the right to appeal the 
decision of the District Court adopting the Report and Recommendation. The time period for filing 
objections has expired, and no party has objected to the Report and Recommendation. 
 Upon review, t he Court agrees with the Report and R ecommendation (Doc. 15), and it is 
hereby adopted. The Court SUSTAIN S Plaintiff’s Statement of Error, REVERSE S the 
Commissioner of Social Security’s nondisability finding, and REMAND S this case to the 
Commissioner and the ALJ under Sentence Four of § 405(g) for proceedings consistent with the 
Magistrate Judge’s finding of error. 
 
 s/ James L. Graham 
 JAMES L. GRAHAM 
 United States District Judge 
DATE: May 28, 2026 
 
Case: 2:25-cv-01081-JLG-SCS Doc #: 16 Filed: 05/28/26 Page: 1 of 1 PAGEID #: <pageID>

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