Furlong v. Commissioner of Social Security Administration
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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