UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: THOR HIGGINBOTHAM, : CASE NO. 1:23-cv-01526 : Plaintiff, : OPINION & ORDER : [Resolving Docs. 1, 10] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Thor Higginbotham seeks judicial review of the Social Security Commissioner’s final decision denying his application for Supplemental Security Income.1 On April 16, 2024, Magistrate Judge Greenberg issued a Report and Recommendation (“R&R”) recommending that the Court reverse and remand the Commissioner’s final decision.2 The Commissioner’s objections were due on April 30, 2024.3 The Commissioner 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 The Commissioner did not object to the R&R, so this Court may adopt Magistrate Judge Greenberg’s R&R without further review.

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 6, 8. Plaintiff filed a reply. Doc. 9. 2 Doc. 10. 3 Parties have fourteen days to file objections to a Magistrate Judge’s R&R. LR 72.3(b). 4

(b)(1). 5 ,

, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the Accordingly, the Court ADOPTS Magistrate Judge Greenberg’s R&R, REVERSES the Commissioner’s final decision, and REMANDS this case for further proceedings consistent with this Order and Magistrate Judge Greenberg’s R&R. IT IS SO ORDERED.

Dated: May 6, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE