Zayid v. Commissioner of Social Security, No. 1:2013cv00054 - Document 16 (N.D. Ohio 2014)

Court Description: Opinion and Order signed by Judge James S. Gwin on 2/7/14 adopting the Report and Recommendation of the Magistrate Judge. (Related Docs. 1 , 15 ) (M,G)

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Zayid v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: TALIB ZAYID, : : Plaintiff, : : v. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : ------------------------------------------------------- CASE NO. 1:13-CV-54 OPINION & ORDER [Resolving Doc. No. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 9, 2013, Plaintiff Zayid filed a complaint seeking judicial review of Defendant Commissioner of Social Security’s decision to deny him disability insurance benefits and supplemental security income.1/ Under Local Rule 72.2, the Court referred the petition to Magistrate Judge Kenneth S. McHargh for a Report and Recommendation. On November 19, 2013, Magistrate Judge McHargh issued a report recommending this Court affirm the Commissioner’s decision.2/ The Court ADOPTS the Magistrate Judge’s Report and Recommendation and DISMISSES Plaintiff’s complaint. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.3/ 1/ 2/ 3/ Doc. 1. Doc. 15. 28 U.S.C. § 636(b)(1). -1- Dockets.Justia.com Case No. 1:13-CV-54 Gwin, J. Parties must file any objections to a Report and Recommendation within fourteen days of service.4/ Failure to object within that time waives a party’s right to appeal the magistrate judge’s recommendation.5/ Absent objection, a district court may adopt the Magistrate Judge’s report without review.6/ In this case, neither party objected to the Magistrate Judge’s recommendation. Accordingly, the Court ADOPTS in whole Magistrate Judge McHargh’s Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES Plaintiff’s complaint. IT IS SO ORDERED. Dated: February 7, 2014 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 4/ Fed. R. Civ. P. 72(a). 5/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 6/ Thomas, 474 U.S. at 149. 1981). -2-

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