Teel v. Commissioner of Social Security, No. 1:2013cv00755 - Document 20 (N.D. Ohio 2013)

Court Description: Memorandum of Opinion and Order For the reasons set forth herein, the Court finds that the Report and Recommendation is supported by the record, and agrees with the recommendation to remand the case. Accordingly, the Court remands the case for proceedings consistent with those stated in the R&R. Judge Benita Y. Pearson on 11/24/2013. Related document(s) 18 , 19 . (JLG)

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Teel v. Commissioner of Social Security Doc. 20 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CATHY TEEL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:13cv755 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 18] On November 20, 2013, Magistrate Judge Nancy A. Vecchiarelli issued a Report (“R&R”) recommending that the Commissioner’s final decision be remanded for proceedings consistent with those stated in the R&R. ECF No. 18. 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. 28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a report and recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. 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 magistrate judge’s report without review. See Thomas, 474 U.S. at 149. In the instant case, Defendant filed a response to the R&R stating that he will not file an Dockets.Justia.com (1:13cv755) objection. ECF No. 19. The Court finds that the R&R is supported by the record, and agrees with the recommendation to remand the case. Accordingly, the Court remands the case for proceedings consistent with those stated in the R&R (ECF No. 18). IT IS SO ORDERED. November 24, 2013 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

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