Nicholas v. Commissioner of Social Security, No. 3:2020cv00578 - Document 16 (N.D. Ohio 2021)

Court Description: Memorandum Opinion and Order. The Court ADOPTS the Magistrate Judge's 15 Report & Recommendation as the Order of this Court and AFFIRMS the Commissioner's final decision. Related document(s) 1 . Judge James R. Knepp II on 2/18/2021. (S,JM)

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Nicholas v. Commissioner of Social Security Doc. 16 Case: 3:20-cv-00578-JRK Doc #: 16 Filed: 02/18/21 1 of 2. PageID #: 759 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION MARTIN JOHN NICHOLAS, CASE NO. 3:20 CV 578 Plaintiff, v. JUDGE JAMES R. KNEPP II COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER Plaintiff Martin John Nicholas seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Thomas M. Parker for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Parker recommends this Court affirm the Commissioner’s decision. (Doc. 15). Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], 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. § 636(b)(1); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). In this case, the fourteen day time period has passed and no objections have been filed. Dockets.Justia.com Case: 3:20-cv-00578-JRK Doc #: 16 Filed: 02/18/21 2 of 2. PageID #: 760 Despite the lack of objections, the Court has reviewed Judge Parker’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Parker’s R&R (Doc. 15) as the Order of this Court and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2

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