Gray v. Commissioner of Social Security

District Court, N.D. Ohio

Gray v. Commissioner of Social Security

Trial Court Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TRENT C. GRAY, ) ) CASE NO. 1:20-CV-02123 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) MEMORANDUM OF OPINION AND ) ORDER Defendant. ) [Regarding ECF No. 18] )

On November 8, 2021, Magistrate Carmen E. Henderson issued a Report and Recommendation that the Commissioner’s final decision denying Plaintiff’s application for disability insurance benefits be reversed and remanded. See ECF No. 18. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.

28 U.S.C. § 636

(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. Thomas v. Arn,

474 U.S. 140, 145

(1985); United States v. Walters,

638 F.2d 947, 949-50

(6th Cir. 1981). Absent objection, a district court may adopt a magistrate judge’s report without review. See Thomas,

474 U.S. at 149

. In the instant case, objections to the Report and Recommendation were due by November 22, 2021. On November 8, 2021, Commissioner filed a Response to the Report and Recommendation (ECF No. 19), indicating that no objections would be filed. Therefore, the Court adopts the Magistrate Judge’s Report and Recommendation and remands the matter. ECF No. 20. IT IS SO ORDERED.

November 24, 2021 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

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