Thurman v. Commissioner of Social Security, No. 3:2013cv01567 - Document 22 (N.D. Ohio 2014)
Court Description: MEMORANDUM OPINION AND JUDGMENT Adopting Report and Recommendation. Decision of the Commissoner vacated and case is remanded for further proceedings consistent with Report and Recommendation. Judge David A. Katz on 5/21/14. (G,C)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION TRACI M. THURMAN, Case No. 3:13 CV 1567 Plaintiff, -vs- MEMORANDUM OPINION AND JUDGMENT COMMISSIONER OF SOCIAL SECURITY, Defendant. KATZ, J. Before the Court is the Report and Recommendation of the Magistrate Judge filed May 6, 2014 in the above-entitled action. Defendant Commissioner of Social Security filed a notice indicating no objections would be filed. Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. ยง 636(b)(1)(C) (2002). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge's report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984) affirmed, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge's Report and Recommendation, and adopts that Report and Recommendation in its entirety. The decision of the Commissoner is vacated and the case is remanded for further proceedings consistent with the Report and Recommendation. IT IS SO ORDERED. S/ David A. Katz DAVID A. KATZ U. S. DISTRICT JUDGE
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