Rapp v. Commissioner of Social Security

District Court, N.D. Ohio

Rapp v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: JUDY RAPP, : CASE NO. 1:19-cv-02489 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Judy Rapp seeks judicial review of the Social Security Administration Commissioner’s final decision denying her supplemental security income and disability insurance benefits applications.1 On July 28, 2020, Magistrate Judge Kathleen B. Burke issued a Report and Recommendation (“R&R”) recommending that the Court affirm the Commissioner’s final decision denying Plaintiff’s applications.2 Any objections to the R&R are due August 11, 2020.3 However, on July 28, 2020, Plaintiff filed a response to the R&R indicating that she “will not be filing objections.”4 The Federal Magistrates Act requires district courts to conduct a review only of objected-to portions of a R&R.5 Absent objection, district courts may adopt a R&R

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 13 and 15. Plaintiff filed a reply. Doc. 16. 2 Doc. 17. 3 4 Doc. 18. without review.6 Because Plaintiff has stated she will not be filing objects to the R&R, this Court may adopt Magistrate Judge Burke’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Burke’s R&R, and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED.

Dated: August 10, 2020 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

6 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the district court’s order adopting the R&R. at 155; ,

638 F.2d 947

, 949–50 (6th Cir. 1981)

Reference

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