Gray v. Commissioner of Social Security, No. 1:2020cv02123 - Document 20 (N.D. Ohio 2021)

Court Description: Memorandum of Opinion and Order On 11/8/2021, Magistrate Carmen E. Henderson issued a Report and Recommendation that the Commissioner's final decision denying Plaintiff's application for disability insurance benefits be reversed and remanded. See ECF No. 18 . Objections to the Report and Recommendation were due by 11/22/2021. On 11/8/2021, Commissioner filed a Response to the Report and Recommendation (ECF No. 19 ), indicating that no objections would be filed. Therefore, the Court adopts the Magistrate Judge's Report and Recommendation and remands the matter. ECF No. 20 . Judge Benita Y. Pearson on 11/24/2021. (G,M)

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Gray v. Commissioner of Social Security Doc. 20 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION TRENT C. GRAY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:20-CV-02123 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 18] On November 8, 2021, Magistrate Carmen E. Henderson issued a Report and Recommendation that the Commissioner’s final decision denying Plaintiff’s application for disability insurance benefits be reversed and remanded. See ECF No. 18. 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. 28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149. In the instant case, objections to the Report and Recommendation were due by November 22, 2021. On November 8, 2021, Commissioner filed a Response to the Report and Recommendation (ECF No. 19), indicating that no objections would be filed. Dockets.Justia.com (1:20-CV-02123) Therefore, the Court adopts the Magistrate Judge’s Report and Recommendation and remands the matter. ECF No. 20. IT IS SO ORDERED. November 24, 2021 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

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