Draganic v. Commissioner of Social Security
Draganic v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
PETER ANTHONY DRAGANIC, III, ) CASE NO. 1:23-CV-01041 ) Plaintiff, ) JUDGE CHRISTOPHER A. BOYKO ) vs. ) ) COMMISSIONER OF ) ORDER SOCIAL SECURITY, ) ) Defendant. )
CHRISTOPHER A. BOYKO, SR. J.:
On May 22, 2023 Plaintiff filed a Complaint pursuant to Title
42 U.S.C. §§ 405(g) and 1383(c). (ECF #1.) The Court referred this matter to a Magistrate Judge pursuant to Local Rule 72.2. (Docket Entry 5/23/2024.) On April 26, 2024 the Magistrate Judge recommended the Court REMAND this matter pursuant to sentence six of § 405(g) for further proceedings and consideration of new evidence. (ECF #9.) Plaintiff has not filed an Objection. Federal Rule of Civil Procedure 72 provides that objections to a report and recommendation must be filed within fourteen days after service. Fed. R. Civ. P. 72(b). Plaintiff has failed to timely file any such objections. Therefore, the Court must assume that Plaintiff is satisfied with the Magistrate Judge’s Recommendation. Any further review by this Court would be duplicative and an inefficient use of the Court’s limited resources. Thomas v. Arn,
728 F.2d 813(6th Cir. 1984), aff’d
474 U.S. 140(1985); Howard v. Sec’y of Health & Human Serv.,
932 F.2d 505(6th Cir. 1991); United States v. Walters,
638 F.2d 947(6th Cir. 1981). Therefore, the Magistrate Judge’s Report and Recommendation is ADOPTED and the Commissioner’s decision is REMANDED for further proceedings and consideration of new evidence. IT IS SO ORDERED.
/s Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge
Dated: May 31, 2024
Reference
- Status
- Unknown