Brewer v. Commissioner of Social Security, No. 1:2017cv00250 - Document 15 (N.D. Ohio 2018)

Court Description: Opinion & Order signed by Judge James S. Gwin on 1/3/18 adopting the Report and Recommendation of the Magistrate Judge and affirming the Commissioner's denial of benefits. (Related Docs. 1 and 14 ) (D,MA)

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Brewer v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------TAMARA BREWER, Plaintiff, vs. COMMISSIONER SOCIAL SECURITY, Defendant. : : : : : : : : : : : CASE NO. 1:17-cv-250 OPINION AND ORDER [Resolving Doc. 1] -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On February 7, 2017, Plaintiff Tamara Brewer filed a complaint seeking judicial review of the Defendant Commissioner of Social Security’s decision to deny her applications for disability benefits and supplemental security income.1 The Court referred the matter to Magistrate Judge Thomas M. Parker. On December 19, 2017, Magistrate Judge Parker issued a Report and Recommendation (“R&R”) recommending that this Court affirm the Commissioner’s final decision.2 Objections to that R&R were due by January 2, 2018. Plaintiff Brewer filed no objections. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection.3 Failure to timely object waives a party’s right to appeal the Magistrate Judge’s R&R. 4 So, where a party does not object to the R&R, a district court may adopt it without review.5 1 Doc. 1; Doc. 14 at 1. Id. 3 28 U.S.C. § 636(b)(1)(C). 4 Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 5 See Thomas, 474 U.S. at 149–50. 2 Dockets.Justia.com Case No. 1:17-cv-250 Gwin, J. Accordingly, in light of Plaintiff Brewer’s decision not to object to the R&R in this case, the Court ADOPTS Magistrate Judge Parker’s R&R, incorporates it as if fully restated herein, and AFFIRMS the Commissioner’s denial of benefits. IT IS SO ORDERED. Dated: January 3, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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