Atwood v. Commissioner of Social Security, No. 1:2013cv00703 - Document 22 (N.D. Ohio 2014)

Court Description: Opinion and Order Adopting Report and Recommendation of the Magistrate Judge signed by Judge James S. Gwin on 5/6/14. (Related Doc. 11 , 21 ) (M,G)

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Atwood v. Commissioner of Social Security UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: BRITTANY M. ATWOOD, : : Plaintiff, : : v. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : ------------------------------------------------------- Doc. 22 CASE NO. 1:13-CV-00703 OPINION & ORDER [Resolving Docs. 11 & 21] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On April 17, 2014, Magistrate Judge James R. Knepp II recommended that the Court affirm the Commissioner of Social Security’s denial of supplemental security income to Plaintiff Brittany M. Atwood.1/ Plaintiff Atwood has not filed an objection to the Report and Recommendation. The Court ADOPTS the Magistrate Judge’s Report and Recommendation and AFFIRMS the Commissioner’s decision. 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.2/ Parties must file any objections to a Report and Recommendation within fourteen days of service.3/ Failure to object within that time waives a party’s right to appeal the Magistrate Judge’s 1/ Doc. 21. 2/ 28 U.S.C. § 636(b)(1). 3/ Fed. R. Civ. P. 72(a). Dockets.Justia.com Case No. 1:13-CV-00703 Gwin, J. recommendation.4/ Absent objection, a district court may adopt the Magistrate Judge’s report without review.5/ Moreover, having conducted its own review of the complaint6/ and briefing,7/ this Court agrees with the conclusions of the Magistrate Judge. Accordingly, the Court ADOPTS in whole Magistrate Judge Knepp’s findings of fact and conclusions of law and incorporates them fully herein by reference. The Court AFFIRMS the Commissioner’s denial of supplemental security income. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: May 6, 2014 4/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 5/ Thomas, 474 U.S. at 149. 6/ Doc. 1 (complaint); Doc. 11 (amended complaint). 7/ Doc. 16 (Plaintiff’s opening brief); Doc. 19 (Commissioner’s brief); Doc. 20 (Plaintiff’s reply brief). -2-

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