McWhorter v. Commissioner of Social Security, No. 1:2022cv01591 - Document 10 (N.D. Ohio 2023)

Court Description: Opinion and Order: For the reasons stated herein, the Court adopts the Report and Recommendation (Doc. No. 9 ). The final decision of the Commissioner of Social Security is AFFIRMED. The case is dismissed. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 8/21/2023. (H,AR)

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McWhorter v. Commissioner of Social Security Doc. 10 Case: 1:22-cv-01591-BMB Doc #: 10 Filed: 08/21/23 1 of 2. PageID #: 5452 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION WILLIAM MCWHORTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:22-CV-1591 JUDGE BRIDGET MEEHAN BRENNAN OPINION AND ORDER Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge Jennifer Dowdell Armstrong, recommending that the Commissioner of Social Security’s final decision denying Plaintiff William McWhorter’s applications for disability insurance benefits and supplemental security income be affirmed. (Doc. No. 9.) Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C) (flush language). The R&R was issued on July 17, 2023. Plaintiff is represented by counsel. No objection to the R&R has been filed, and the deadline has since passed. See Fed. R. Civ. P. 72(b)(2). The failure to timely file written objections to a report and recommendation of a magistrate judge constitutes a waiver of de novo review by the district court. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas, 728 F.2d at 815. Dockets.Justia.com Case: 1:22-cv-01591-BMB Doc #: 10 Filed: 08/21/23 2 of 2. PageID #: 5453 The Court has reviewed the R&R and adopts the same. Accordingly, the Commissioner of Social Security’s final decision denying Plaintiff’s applications for disability insurance benefits and supplemental security income is AFFIRMED. The case is dismissed. IT IS SO ORDERED. Date: August 21, 2023 ____________________________________ BRIDGET MEEHAN BRENNAN UNITED STATES DISTRICT JUDGE

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