Epps v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

ASHLEIGH LYNNE EPPS, CASE NO. 3:20 CV 1813

Plaintiff, v. JUDGE JAMES R. KNEPP II

COMMISSIONER OF SOCIAL SECURITY,

MEMORANDUM OPINION AND

Defendant. ORDER

Plaintiff Ashleigh Lynne Epps seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Jonathan D. Greenberg for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Greenberg recommends this Court vacate the Commissioner’s final decision and remand this case for further proceedings. (Doc. 16).

Under the relevant statute:

Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

In this case, the fourteen-day time period has passed and no objections have been filed. Despite the lack of objections, the Court has reviewed Judge Greenberg’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Greenberg’s R&R (Doc. 16) as the Order of this Court. The Court VACATES the Commissioner’s final decision and REMANDS this case for further proceedings.

IT IS SO ORDERED.

s/ James R. Knepp II

UNITED STATES DISTRICT JUDGE