Miller v. Commissioner of Social Security Administration, No. 1:2017cv00718 - Document 14 (N.D. Ohio 2018)

Court Description: Opinion and Order signed by Judge James S. Gwin on 6/8/18. The Court adopts the Report and Recommendation of the Magistrate Judge, incorporates it as if fully restated herein, and affirms the Commissioner's final decision. (Related Docs. 1 and 13 ) (D,MA)

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Miller v. Commissioner of Social Security Administration Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------SHIRLEY MILLER, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : : CASE NO. 1:17-cv-718 OPINION AND ORDER [Resolving Doc. 1] -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On April 6, 2017, Plaintiff Shirley Miller filed a complaint seeking judicial review of the Defendant Comm“ss“oner of Soc“al Secur“ty’s dec“s“on to deny her application for Supplemental Security Income.1 The Court referred the matter to Magistrate Judge David A. Ruiz. On May 18, 2018, Magistrate Judge Ruiz issued a Report and Recommendation ( R&R ) recommending that this Court aff“rm the Comm“ss“oner’s f“nal dec“s“on.2 Objections to the R&R were due June 1, 2018, and Plaintiff Miller has 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 r“ght to appeal the mag“strate’s report.4 So, where a party does not object to the R&R, a district court may adopt it without review.5 Accordingly, in light of Plaintiff M“ller’s failure to object to the R&R in this case, the Court ADOPTS Magistrate Judge Ru“z’s R&R, incorporates it as if fully restated herein, and AFFIRMS the 1 Doc. 1. Doc. 13. 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-718 Gwin, J. Comm“ss“oner’s f“nal dec“s“on. IT IS SO ORDERED. Dated: June 8, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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