Tanker v. Commissioner of Social Security Administration, No. 1:2013cv00812 - Document 19 (N.D. Ohio 2013)

Court Description: Opinion and Order signed by Judge James S. Gwin on 9/21/13 adopting the Report and Recommendation of the Magistrate Judge. (Related Docs. 1 , 17 , 18 ) (M,G)

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Tanker v. Commissioner of Social Security Administration Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: ANTHONY T. TANKER, : : Plaintiff, : : vs. : : COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : ------------------------------------------------------- CASE NO. 1:13-CV-00812 OPINION & ORDER [Resolving Doc. Nos.17 and 18] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On August 21, 2013, Plaintiff Tanker filed a motion to dismiss.1/ The matter was referred to Magistrate Judge Kenneth S. McHargh. On September 5, 2013, Magistrate Judge McHargh issued a Report and Recommendation that recommended this Court grant Plaintiff’s motion to dismiss.2/ 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/ Parties must file any objections to a Report and Recommendation within fourteen days of service.4/ Failure to object within this time waives a party's right to appeal the magistrate's report.5/ Absent objection, a district court may adopt the magistrate judge's report without review.6/ In this case, neither party has 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, and GRANTS Plaintiff Tanker’s 1/ Doc. 17. Doc. 18. 3/ 28 U.S.C. § 636(b)(1)(C). 4/ Fed. R. Civ. P. 72(b)(2). 5/ . Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir.1981). 6/ See Thomas, 474 U.S. at 149. 2/ -1- Dockets.Justia.com Case No. 1:13-CV-00812 Gwin, J. motion to dismiss. IT IS SO ORDERED. Dated: September 21, 2013 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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