Rusty Lutz v. Commissioner of Social Security

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

RUSTY LUTZ, ) ) CASE NO. 1:25-CV-01918 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) COMMISSIONER OF ) SOCIAL SECURITY, ) MEMORANDUM OF ) OPINION AND ORDER Defendant. ) [Resolving ECF Nos. 6, 7]

On February 23, 2026, the assigned magistrate judge issued a Report and Recommendation (“R&R”) (ECF No. 6) that the Court should grant the Commissioner’s Motion to Dismiss Untimely Complaint, or, Alternatively, Motion for Summary Judgment (ECF No. 7).

The Federal Magistrates Act requires a district court to conduct a de novo review of only those portions of a R&R to which the parties have objected. See 28 U.S.C. § 636(b)(1)(C). Any objections must be filed within fourteen days of service. See id.; Fed. R. Civ. P. 72(b)(2).

Failure to timely object waives the right to appeal the district court’s judgment. See Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).

Absent objection, a district court may adopt a R&R without review. See Thomas, 474 U.S. at 149. Objections to this R&R were due by March 9, 2026. None have been filed. Accordingly, the Court adopts the R&R (ECF No. 6) and grants the Commissioner’s Motion to Dismiss Untimely Complaint, or, Alternatively, Motion for Summary Judgment (ECF No. 7).

IT IS SO ORDERED.

March 12, 2026 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge