Esper v. Commissioner of Social Security

District Court, N.D. Ohio

Esper v. Commissioner of Social Security

Trial Court Opinion

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

CARTRELL D. ESPER, CASE NO. 3:20 CV 2775

Plaintiff,

v. JUDGE JAMES R. KNEPP II

COMMISSIONER OF SOCIAL SECURITY, MEMORANDUM OPINION AND Defendant. ORDER

Plaintiff Cartrell D. Esper seeks judicial review of an adverse social security decision under

42 U.S.C. § 405

(g). This case was referred to Magistrate Judge Jennifer Dowdell Armstrong for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Armstrong recommends this Court overrule Plaintiff’s assignments of error and affirm the Commissioner’s final decision. (Doc. 23). 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. Despite the lack of objections, the Court has reviewed Judge Armstrong’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Armstrong’s R&R (Doc. 23) as the Order of this Court and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED.

s/ James R. Knepp II UNITED STATES DISTRICT JUDGE

2

Reference

Status
Unknown