Ortega v. Commissioner of Social Security Administration, No. 1:2013cv02080 - Document 18 (N.D. Ohio 2014)
Court Description: Opinion and Order signed by Judge James S. Gwin on 7/3/14 adopting the Report and Recommendation of the Magistrate Judge and affirming the denial of supplemental security income. (Related Docs. 1 , 17 ) (M,G)
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Ortega v. Commissioner of Social Security Administration UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: HILDA ORTEGA, : : Plaintiff, : : v. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : ------------------------------------------------------- Doc. 18 CASE NO. 1:13-CV-02080 OPINION & ORDER [Resolving Docs. 1 & 17] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On June 11, 2014, Magistrate Judge Vernelis K. Armstrong recommended that the Court affirm the Commissioner of Social Security’s denial of supplemental security income1/ to Plaintiff Hilda Ortega.2/ Plaintiff Ortega 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.3/ 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 1/ Plaintiff Ortega originally sought disability insurance benefits as well, but she withdrew that request before the administrative law judge. See Doc. 15 at 1-2. 2/ Doc. 17. 3/ 28 U.S.C. § 636(b)(1). 4/ N.D. Ohio L.R. 72.3(b). Dockets.Justia.com Case No. 1:13-CV-02080 Gwin, J. recommendation.5/ Absent objection, a district court may adopt the Magistrate Judge’s report without review.6/ Moreover, having conducted its own review of the complaint7/ and briefing,8/ this Court agrees with the conclusions of the Magistrate Judge. Accordingly, the Court ADOPTS in whole Magistrate Judge Armstrong’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: July 3, 2014 5/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 6/ Thomas, 474 U.S. at 149. 7/ Doc. 1. 8/ Doc. 15 (Plaintiff’s brief); Doc. 16 (Commissioner’s brief). -2-
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