Pelton v. Commissioner of Social Security Administration

District Court, N.D. Ohio

Pelton v. Commissioner of Social Security Administration

Trial Court Opinion

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

Brenda Pelton, Case No. 3:20 CV 441

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

Defendant.

Plaintiff Brenda Pelton challenges Defendant Commissioner of Social Security’s final decision denying her application for a Period of Disability and Disability Insurance Benefits (Doc. 1). Under Local Civil Rule 72.2(b)(2), this case was referred to Magistrate Judge David Ruiz for a Report and Recommendation (“R&R”), which recommends this Court affirm the Commissioner’s final decision (Doc. 14 at 1). 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 Complaint (Doc. 1) is dismissed. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE

March 16, 2021

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