UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------- : JEREMIAH ERNESTO GARZA, : : CASE NO. 1:20-cv-2055 : Plaintiff, : : vs. : OPINION AND ORDER : [Resolving Doc. 2] COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : : ------------------------------------------------------------

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On September 14, 2020, Plaintiff Jeremiah Ernesto Garza filed a complaint challenging Defendant Commissioner of Social Security’s decision to deny Garza benefits under the Social Security Act.1 Garza filed an application.2 The Court referred the matter to Magistrate Judge Thomas M. Parker. On September 14, 2020, Magistrate Judge Parker issued a Report and Recommendation (“R&R”) finding that Garza could pay the necessary case filing fees, making relief inappropriate.3 Objections to the R&R were due by September 29, 2020.4 Plaintiff Garza filed no objections. The Federal Magistrates Act requires a district court to conduct a review only of those portions of an R&R to which the parties have made an objection.5 Failure to timely

1 Doc. 1. 2 Doc. 2. 3 Doc. 5. 4 o bject waives a party’s right to appeal the magistrate’s report.6 Where a party does not object to the R&R, a district court may adopt it without review.7

Further, this Court has examined Plaintiff Garza’s application and believes it should be denied. The application indicates that Garza and his spouse jointly make about $3,700 a month against only $2,600 in monthly expenses. Garza also has $7,000 in a checking account and a $24,000 retirement account, in addition to owning a home and car. The Court therefore agrees with the R&R’s conclusion that Garza has not demonstrated that he is “unable to pay [his court] fees or give security therefor.”8 Accordingly, in light of Plaintiff Garza’s decision not to object to the R&R in this case

and his application’s lack of merit, the Court ADOPTS Magistrate Judge Parker’s R&R, incorporates it as if fully restated herein, and DENIES Plaintiff Garza’s application. IT IS SO ORDERED. Dated: April 12, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

6 ,

(1985); ,

, 827 (6th Cir. 2019) 7 , 474 U.S. at 149–50 8

(a)(1).