Galley, II v. Commissioner of Social Security

District Court, N.D. Ohio

Galley, II v. Commissioner of Social Security

Trial Court Opinion

PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION PATRICK G. GALLEY, II ) ) CASE NO. 1:20CV1411 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) COMMISSIONER OF ) SOCIAL SECURITY, ) ) Defendant. ) MEMORANDUM OPINION ) AND ORDER An Administrative Law Judge (“ALJ”) denied Plaintiff Patrick G. Galley’s applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ’s decision. The claimant sought judicial review of the Commissioner’s decision, and the Court referred the case to Magistrate Judge Thomas M. Parker for preparation of a report and recommendation pursuant to

28 U.S.C. § 636

and Local Rule 72.2(b)(1). On March 29, 2021, the magistrate judge submitted a Report and Recommendation (ECF No. 18) recommending that the Court vacate the Commissioner’s decision and remand the case to the Commissioner. Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. On April 12, 2021, the Commissioner filed a Response to Magistrate Judge’s Report and Recommended Decision (ECF No. 19), stating that the Commissioner will not be filing objections. Furthermore, Plaintiff has not filed any objections, (1:20CV 1411) evidencing satisfaction with the magistrate judge’s recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas y. Arn,

728 F.2d 813

(6th Cir. 1984), aff'd,

474 U.S. 140

(1985); Howard v. Secretary of Health and Human Services,

932 F.2d 505

(6th Cir. 1991); United States v. Walters,

638 F.2d 947

, 949- 50 (6th Cir, 1981). Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. The Court vacates the decision of the Commissioner of Social Security and remands this case to the Commissioner for rehearing and a new decision.

IT IS SO ORDERED.

April 13, 2021 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

Reference

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