Lawson v. Commissioner of Social Security

District Court, N.D. Ohio

Lawson v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

SUZANNE K. LAWSON, CASE NO. 3:21 CV 1119

Plaintiff,

v. JUDGE JAMES R. KNEPP II

COMMISSIONER OF SOCIAL SECURITY, MEMORANDUM OPINION AND Defendant. ORDER

Plaintiff Suzanne K. Lawson seeks judicial review of an adverse social security decision under

42 U.S.C. § 405

(g). This case was referred to Magistrate Judge William H. Baughman, Jr. for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Baughman recommends this Court reverse and remand the Commissioner’s final decision. (Doc. 11). 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. Therefore, the Court ADOPTS Judge Baughman’s R&R (Doc. 11) as the Order of this Court. The Court REVERSES the Commissioner’s final decision and REMANDS the case for further proceedings. IT IS SO ORDERED.

s/ James R. Knepp II UNITED STATES DISTRICT JUDGE

2

Reference

Status
Unknown