Diaz v. Commissioner of Social Security, No. 1:2017cv01602 - Document 18 (N.D. Ohio 2018)
Court Description: Opinion & Order signed by Judge James S. Gwin on 5/23/18. 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 17 ) (D,MA)
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Diaz v. Commissioner of Social Security Doc. 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------: : : Plaintiff, : : vs. : : COMMISSIONER SOCIAL SECURITY, : : Defendant. : : -----------------------------------------------------FRANCISCO T. DIAZ, CASE NO. 1:17-cv-1602 OPINION AND ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On July 31, 2017, Plaintiff Francisco Diaz filed a complaint seeking judicial review of the Defendant Comm“ss“oner of Soc“al Secur“ty’s dec“s“on to deny his applications for a period of disability, Disability Insurance Benefits, and Supplemental Security Income.1 The Court referred the matter to Magistrate Judge Jonathan D. Greenberg. On May 8, 2018, Magistrate Judge Greenberg 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 May 22, 2018, and Plaintiff Diaz 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 1 Doc. 1. Doc. 17. 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-1602 Gwin, J. Accordingly, in light of Plaintiff D“az’s fa“lure to object to the R&R in this case, the Court ADOPTS Magistrate Judge Greenberg’s R&R, incorporates it as if fully restated herein, and AFFIRMS the Comm“ss“oner’s f“nal dec“s“on. IT IS SO ORDERED. Dated: May 23, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-
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