Horinek v. Commissioner of Social Security
Horinek v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CONTESSA M. HORINEK, ) CASE NO. 1:19CV2141 ) Plaintiff, ) JUDGE CHRISTOPHER A. BOYKO ) vs. ) ) ANDREW SAUL, ) ORDER Comm’r of Soc. Sec., ) ) Defendant. ) CHRISTOPHER A. BOYKO, J: On September 17, 2019, Plaintiff filed a Complaint pursuant to Title
42 U.S.C. § 405(g). (Doc. 1). The Court referred this matter to Magistrate Judge David A. Ruiz pursuant to Local Rule 72.2. On July 7, 2020, the Magistrate Judge recommended reversing the Commissioner’s final decision which denied Plaintiff’s application for disability insurance benefits. (Doc. 16). Neither party has objected. Federal Rule of Civil Procedure 72 provides that objections to a report and recommendation must be filed within fourteen days after service. FED. R. CIV. P. 72(b). Neither party has timely filed an objection. Therefore, the Court must assume that the parties are satisfied with the Magistrate Judge’s recommendation. Any further review by this Court would -1- be duplicative and an inefficient use of the Court’s limited resources. Thomas v. Arn,
728 F.2d 813(6th Cir. 1984), aff’d
474 U.S. 140(1985); Howard v. Sec’y of Health & Human Serv.,
932 F.2d 505(6th Cir. 1991); United States v. Walters,
638 F.2d 947(6th Cir. 1981). Therefore, Magistrate Judge Ruiz’s Report and Recommendation is ADOPTED; the
Commissioner’s final decision is REVERSED; and the matter is REMANDED for further proceedings consistent with the Magistrate Judge’s Report and Recommendation. IT IS SO ORDERED.
s/ Christopher A. Boyko CHRISTOPHER A. BOYKO Senior United States District Judge Dated: July 28, 2020
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Reference
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