Covell v. Commissioner of Social Security

District Court, N.D. Ohio

Covell v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: CASE NO. 5:21-cv-01296 CHRISTOPHER COVELL, : : OPINION & ORDER Plaintiff, : [Resolving Doc. 13] : vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Christopher Covell seeks judicial review of the Defendant Commissioner of Social Security final decision denying Supplemental Security Income. On April 25, 2022, Judge Carmen E. Henderson recommended that the Court reverse the Commissioner’s decision and remand the case for further proceedings.1 Under the Federal Magistrates Act, a district court must conduct a review of those portions of a Report and Recommendation to which the parties have objected.2 Absent objection, a district court may adopt a Report and Recommendation without review.3 Here, the Government informed the Court that it had declined to file objections,4 so this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with Judge

1 Doc. 13. 2

28 U.S.C. § 636

(b)(1). 3 ,

474 U.S. 140, 149

(1985); L.R. 72.3(b). Henderson’s determinations. Accordingly, the Court ADOPTS Judge Henderson’s Report and Recommendation, incorporating it fully herein by reference, REVERSES the Commissioner’s final decision, and REMANDS this case consistent with the Report and Recommendation. IT IS SO ORDERED.

Dated: May 5, 2022 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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