Garcia v. Commissioner of Social Security

District Court, N.D. Ohio

Garcia v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: JENNY I. GARCIA, : CASE NO. 1:19-cv-897 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Jenny Garcia seeks judicial review of the Social Security Administration Commissioner’s final decision denying her disability insurance benefits and supplemental security income benefits applications.1 On April 21, 2020, Magistrate Judge James R. Knepp II issued a Report and Recommendation (“R&R”) recommending that the Court affirm in part and reverse in part the Commissioner’s final decision denying Plaintiff’s application.2 Any objections to the R&R were due by May 5, 2020, and neither party objected. The Federal Magistrates Act requires district courts to conduct a review only of objected-to portions of a R&R.3 Absent objection, district courts may adopt a R&R without review.4

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 12, 16. Plaintiff filed a reply brief. Doc. 17. 2 Doc. 18. 3

28 U.S.C. § 636

(b)(1). 4 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the Because no party has objected to the R&R, this Court may adopt Magistrate Judge Knepp’s R&R without further review. Moreover, having conducted its own review of the record, the Court agrees with the R&R’s conclusions. Accordingly, the Court ADOPTS Magistrate Judge Knepp’s R&R, and AFFIRMS IN PART and REVERSES IN PART the Commissioner’s final decision. IT IS SO ORDERED.

Dated: July 2, 2020 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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