Citation Codes Equivalent Citations citation codes Docket Number NO. CIV-06-1277-HE. Motions Motion to strike : Denied Defendant Motion to strike : Denied Plaintiff Judges Joe L. Heaton Acts The Public Health And Welfare — Social Security — Federal Old-Age, Survivors, And Disability Insurance Benefits — Evidence, Procedure, And Certification For Payments Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. LEROY WILLIAMS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ORDER JOE HEATON, District Judge Plaintiff Leroy Williams instituted this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying his application for disability insurance benefits. Pursuant to 28 U.S.C. § 636(b)(1)(B), this matter was referred to Magistrate Judge Shon T. Erwin, who recommended that the plaintiff's motion to strike the defendant's response brief be denied and that the decision of the Commissioner be reversed and the matter remanded for further administrative proceedings. Defendant has failed to object to the Report and Recommendation and, therefore, has waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1); LCvR 72.1(a). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #18], DENIES the plaintiff's motion to strike [Doc. # 14], REVERSES the Commissioner's decision, and REMANDS the case for further administrative proceedings consistent with this opinion. IT IS SO ORDERED.