UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

STEPHEN GERARD STEGH, ) CASE NO. 1:22-cv-1625 ) ) PLAINTIFF, ) JUDGE SARA LIOI ) vs. ) ORDER ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) DEFENDANT. )

Before the Court is the report and recommendation of the magistrate judge in the above-entitled action. 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. [. . .]

(b)(1)(C). The R&R was filed on May 1, 2023 (see Doc. No. 11) and objections would have been due no later than May 18, 2023, taking under consideration the three (3) additional days added for service under Fed. R. Civ. P. 6(a) & (d). No objections were filed on or before that deadline, and no extension of time has been sought or given. 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.”).1 See also Thomas v. Arn,

(1985) (holding that the Sixth Circuit’s

1 This is so because “[w]aiver is different than forfeiture.” United States v. Olano,

,

,

(1993); Freytag v. Commissioner,

, 894 n.2,

,

(1991) waiver/forfeiture rule is 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 objections 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. 11, at 21.7) The R&R recommends affirming the Commissioner’s decision that denied 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. The Commissioner’s decision is affirmed and this case is closed. IT IS SO ORDERED. Dated: May 24, 2023 bt & “ HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE

(Scalia, J., concurring). “This difference matters because forfeited issues may, in certain circumstances, nevertheless be considered on appeal.” Berkshire,

(citing Harris v. Klare,

(6th Cir. 2018)). ? Page references are to the consecutive page number assigned by the court’s electronic filing system.