Reyes v. Commissioner of Social Security Administration, No. 1:2017cv00943 - Document 17 (N.D. Ohio 2018)

Court Description: Opinion & Order signed by Judge James S. Gwin on 6/27/18. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge, incorporates it as if fully restated herein, and reverses and remands the Commissioner's final decision. (Related Docs. 1 and 15 ) (D,MA)

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Reyes v. Commissioner of Social Security Administration Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------: : : : Plaintiff, : : vs. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : : -----------------------------------------------------------SANDRA REYES, ex rel., J.R., a minor, CASE NO. 1:17-cv-943 OPINION AND ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On May 4, 2017, Plaintiff Sandra Reyes filed a complaint seeking judicial review of the Defendant Comm“ss“oner of Soc“al Secur“ty’s den“al of her m“nor son’s appl“cat“on for supplemental security income benefits.1 The Court referred the matter to Magistrate Judge David A. Ruiz. On June 11, 2018, Magistrate Judge Ruiz “ssued a Report and Recommendat“on ( R&R ) recommending that this Court reverse and remand the Comm“ss“oner’s f“nal dec“s“on.2 Objections to that R&R were due by June 25, 2018. The Commissioner stated it will not file objections.3 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.4 Failure to timely object waives a party’s r“ght to appeal the mag“strate’s report.5 Where a party does not object to the R&R, a district court may adopt it without review.6 1 Doc. 1. Doc. 15. 3 Doc. 16. 4 28 U.S.C. § 636(b)(1)(C). 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 149–50. 2 Dockets.Justia.com Case No. 1:17-cv-943 Gwin, J. Accordingly, in light of the Commiss“oner’s decision not 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 REVERSES AND REMANDS the Comm“ss“oner’s f“nal dec“s“on. IT IS SO ORDERED. Dated: June 27, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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