Jackie Rochelle Jashurek v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISON

Jackie Rochelle Jashurek, ) CASE NO. 1:24 CV 2217 ) Plaintiff, ) JUDGE PATRICIA A. GAUGHAN ) vs. ) ) Commissioner of Social Security, ) ) Memorandum of Opinion and Order ) Defendant. )

INTRODUCTION This matter is before the Court on the Report and Recommendation (“R&R”) of Magistrate Judge Amanda M. Knapp (Doc. 12), recommending that the Court remand this matter pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings and consideration of new evidence, and administratively close the case subject to reopening upon motion of the parties. No objections have been filed. For the reasons that follow, the R&R is ACCEPTED, and this matter is REMANDED to the Commissioner.

STANDARD OF REVIEW When objections are made to a Magistrate Judge’s Report and Recommendation, the district court reviews the case de novo. Federal Rule of Civil Procedure 72(b)(3) provides that: “The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” As stated in the Advisory Committee Notes, “When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” In Thomas v. Arn, 474 U.S. 140, 150 (1985), the Court held that “[i]t does not appear that Congress intended to require district court review of a magistrate judge’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”

DECISION This Court, having reviewed the R&R and finding no clear error, hereby ACCEPTS the Magistrate Judge’s R&R. In accordance with that recommendation, this matter is REMANDED to the Commissioner for further proceedings and reconsideration of the evidence in light of the updated treatment records. Further, the Clerk shall administratively close this case subject to reopening upon motion of the parties.

IT IS SO ORDERED.

PATRICIA A. GAUGHAN United States District Judge