Harcula v. Commissioner of Social Security

District Court, N.D. Ohio

Harcula v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

DONNA M. HARCULA, ) CASE NO. 1:22-CV-01950 ) Plaintiff, ) JUDGE CHARLES ESQUE FLEMING ) vs. ) MAGISTRATE JUDGE ) JENNIFER DOWDELL ARMSTRONG COMMISSIONER OF SOCIAL ) SECURITY, ) OPINION AND ORDER ADOPTING ) MAGISTRATE’S REPORT AND Defendants. ) RECOMMENDATION

On October 29, 2022, Plaintiff Donna M. Harcula filed a Complaint seeking judicial review of Defendant Commissioner of Social Security’s decision to deny her period of disability, disability insurance benefits, and supplemental security income applications. (ECF No. 1). On August 31, 2023, Magistrate Judge Jennifer Dowdell Armstrong issued a Report and Recommendation (“R&R”) recommending that the Court AFFIRM the Commissioner’s final decision. (ECF No. 10). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a R&R within fourteen (14) days after service. As of the date of this Order, 14 days have passed and neither party has objected to the R&R. Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected.

28 U.S.C. § 636

(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. Thomas v. Arn,

474 U.S. 140, 149

(1985). Accordingly, the Court ADOPTS Magistrate Judge Armstrong’s R&R, incorporates it fully herein by reference, and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED. Date: September 15, 2023 “adi Hue CHARLES E.FLEMING —————t™ U.S. DISTRICT COURT JUDGE

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