Boyce v. Commissioner of Social Security

District Court, N.D. Ohio

Boyce v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Jonathan R. Boyce, et. al. Case No. 3:18 CV 1622

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION -vs- JUDGE JACK ZOUHARY Commissioner of Social Security,

Defendant.

Plaintiff Douglas Boyce filed a Motion for Injunctive Relief requesting that Defendant Commissioner of Social Security cease collection of all overpayments from Jonathan Boyce, the claimant, and Douglas Boyce, as representative payee (Doc. 33); Defendant filed a Response (Doc. 34). Under Local Civil Rule 72.2(b)(2), this case was referred to Magistrate Judge David A. Ruiz for a Report and Recommendation (“R&R”), which recommends the Motion for Injunctive Relief be denied without prejudice as moot, given that the parties appear to have resolved the payment discrepancy (Doc. 35). Under

28 U.S.C. § 636

(b)(1), a party must file any written objections to the Magistrate’s proposed findings and recommendations within fourteen (14) days of being served with the R&R, at which time this Court makes a de novo determination of the portions of the R&R to which objections were made. The failure to file objections within the time frame set forth in the statute constitutes a waiver of de novo review by the district court. See United States v. Sullivan,

431 F.3d 976, 984

(6th Cir. 2005); Thomas v. Arn,

474 U.S. 140

(1985). The fourteen-day deadline has passed, and no objections have been filed. Therefore, having reviewed the R&R, this Court adopts it in its entirety. See Miller v. Currie,

50 F.3d 373, 380

(6th Cir. 1995). The Motion is denied. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE

December 10, 2020

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