Ford v. Commissioner of Social Security Administration
Ford v. Commissioner of Social Security Administration
Trial Court Opinion
PEARSON, J.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
HORACE FORD, ) ) CASE NO. 1:22CV524 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) MEMORANDUM OF OPINION AND ) ORDER Defendant. ) [Regarding ECF No. 10]
On January 31, 2023, the assigned magistrate judge issued a Report and Recommendation suggesting that the final decision of the Commissioner be vacated and remanded. See ECF No. 10. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection. See
28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. See Thomas v. Arn,
474 U.S. 140, 145(1985); United States v. Walters,
638 F.2d 947, 949-50(6th Cir. 1981). Absent objection, a district court may adopt a magistrate judge’s report without review. See Thomas,
474 U.S. at 149. In the instant case, objections to the Report and Recommendation were due by February 14, 2023. Neither party has filed an objection. Accordingly, the Court adopts the Report and Recommendation (ECF No. 10). The Commissioner’s final decision is vacated and remanded.
IT IS SO ORDERED.
February 17, 2023 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge
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