UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

KIMBERLY ANN MUSOLFF, ) CASE NO. 1:21-cv-1739 ) ) PLAINTIFF, ) JUDGE SARA LIOI ) vs. ) ) ORDER COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) DEFENDANT. )

Before the Court is the report and recommendation (“R&R”) of the Magistrate Judge in the above-entitled action. (Doc. No. 10.) Under the relevant statute: [. . .] Within fourteen days after being served with a copy, 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)(C). In this case, the fourteen-day period has elapsed and no objections have been filed.1 In the Sixth Circuit, failure to object constitutes a forfeiture. Berkshire v. Beauvais,

(6th Cir. 2019) (“We clarify that forfeiture, rather than waiver, is the relevant term here.”). See also Thomas v. Arn,

,

,

(1985) (holding that the Sixth Circuit’s waiver/forfeiture rule is

1 The Court afforded three additional days for service. See Fed. R. Civ. P. 6(a) & (d). No objections were filed on or before the deadline, and no extension of time has been sought or given. 1 within its supervisory powers and “[t]here is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objection are filed”). Here, the R&R placed the parties on notice as to the potential for forfeiture in the event of failure to object. (See Doc. No. 10 at 33.”) The R&R recommends affirming the decision of defendant, the Commissioner of Social Security, denying plaintiff’s application for disability insurance benefits. The Court has reviewed the R&R, finds it to be thoroughly written and well-reasoned, and, therefore, accepts the same. Accordingly, the Court adopts the R&R’s recommendation. Defendant’s decision is affirmed. This case is closed. IT IS SO ORDERED.

Dated: May 17, 2022 i a HONORABLE S LIOI UNITED STATES DISTRICT JUDGE

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