Furlong v. Commissioner of Social Security Administration

District Court, N.D. Ohio

Furlong v. Commissioner of Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

CHRISTIAN FURLONG, ) ) CASE NO. 1:22-CV-588 Plaintiff, ) ) v. ) JUDGE BRIDGET MEEHAN BRENNAN ) COMMISSIONER OF ) SOCIAL SECURITY ADMIN., ) OPINION AND ORDER ) Defendant. )

Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge Darrell A. Clay, recommending that the decision of the Commissioner of the Social Security Administration (“Commissioner”) be reversed and the matter remanded for proceedings consistent with the R&R. (Doc. No. 11.) 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) (flush language). The R&R was issued on February 17, 2023. (Doc. No. 11.) The government did not file any objection to the R&R, and the deadline for filing objections has passed. The failure to timely file written objections to the report and recommendation of a magistrate judge constitutes a waiver of de novo review by the district court. United States v. Walters,

638 F.2d 947, 949-50

(6th Cir. 1981); Thomas v. Arn,

728 F.2d 813

(6th Cir. 1984), aff’d,

474 U.S. 140

(1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas,

728 F.2d at 815

. The Court has reviewed the R&R and adopts the same. Accordingly, the final decision of the Commissioner of the Social Security Administration is REVERSED, and the matter is REMANDED for proceedings consistent with the R&R. The case is dismissed.

IT IS SO ORDERED.

____________________________________ BRIDGET MEEHAN BRENNAN Date: August 2, 2023 UNITED STATES DISTRICT JUDGE

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