Osborne v. Commissioner of Social Security Administration

District Court, N.D. Ohio

Osborne v. Commissioner of Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: COREEN LYNNE MARIE OSBORNE, : CASE NO. 1:22-cv-02344 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Coreen Lynne Marie Osborne seeks judicial review of the Social Security Administration Commissioner’s final decision denying her application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”).1 On December 11, 2023, Magistrate Judge Knapp issued a Report and Recommendation (“R&R”) recommending that the Court affirm the Commissioner’s final decision.2 Plaintiff’s objections were due on December 26, 2023.3 Plaintiff did not file objections. The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R without review.5 Plaintiff did not object to the R&R, so this Court may adopt Magistrate

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 7, 9. Plaintiff filed a reply. Doc. 10. 2 Doc. 11 3 Parties have fourteen days to file objections to a Magistrate Judge’s R&R. LR 72.3(b). Because December 25 was a legal holiday, objections were due the next day. Fed. R. Civ. P. 6(a)(1)(C). 4

28 U.S.C. § 636

(b)(1). 5 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the Judge Knapp’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Knapp’s R&R and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED.

Dated: January 8, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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