Ruffin v. Commissioner of Social Security
Ruffin v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
LAKEISHA C. RUFFIN, ) CASE NO. 5:21CV1294 ) Plaintiff, ) SENIOR JUDGE ) CHRISTOPHER A. BOYKO vs. ) ) COMMISSIONER OF ) ORDER SOCIAL SECURITY, ) ) Defendant. )
CHRISTOPHER A. BOYKO, SR. J.:
On July 6, 2021, Plaintiff filed a Complaint pursuant to Title
42 U.S.C. §§ 405(g) and 1383(c)(3). (Doc. 1). The Court referred this matter to Magistrate Judge Jonathan D. Greenberg pursuant to Local Rule 72.2. (Non-Doc. Entry, 7/6/2021). On April 14, 2022, the Magistrate Judge recommended that the Court vacate the Commissioner’s final decision and remand the matter for further consideration. (Doc. 11). On April 28, 2022, Defendant Commissioner filed a brief response indicting that she “will not be filing objections to this Honorable Court’s Report and Recommended Decision.” (Doc. 12). Federal Rule of Civil Procedure 72 provides that objections to a report and recommendation must be filed within fourteen days after service. Fed. R. Civ. P. 72(b). Plaintiff has indicated that she will not be filing an objection. Therefore, the Court assumes that Plaintiff is satisfied with the Magistrate Judge’s Recommendation. Any further review by this Court would be duplicative and an inefficient use of the Court’s resources. Thomas v. Arn,
728 F.2d 813(6th Cir. 1984), aff’d
474 U.S. 140(1985); Howard v. Sec’y of Health & Human Serv.,
932 F.2d 505(6th Cir. 1991); United States v. Walters,
638 F.2d 947(6th Cir. 1981). Therefore, Magistrate Judge Greenberg’s Report and Recommendation is ADOPTED, the Commissioner’s decision is VACATED and the matter is REMANDED for further consideration
consistent with Magistrate Judge Greenberg’s Report and Recommendation. IT IS SO ORDERED.
s/ Christopher A. Boyko CHRISTOPHER A. BOYKO Senior United States District Judge
Dated: May 3, 2022
Reference
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