Hall, Sr v. Commissioner of Social Security, No. 4:2017cv01327 - Document 20 (N.D. Ohio 2018)

Court Description: Opinion & Order signed by Judge James S. Gwin on 8/7/18. 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 18 ) (D,MA)

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Hall, Sr v. Commissioner of Social Security Doc. 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------: : : Plaintiff, : : vs. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : : -----------------------------------------------------------CHAD S. HALL, SR., CASE NO. 4:17-cv-1327 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On June 23, 2017, Plaintiff Chad S. Hall, Sr. filed a complaint seeking judicial review of the Defendant Comm“ss“oner of Soc“al Secur“ty’s denial of his application for disability insurance benefits and supplemental security income.1 The Court referred the matter to Magistrate Judge George J. Limbert. On July 20, 2018, Magistrate Judge Limbert “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 August 3, 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. 18. 3 Doc. 19. 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. 4:17-cv-1327 Gwin, J. Accordingly, in light of the Commiss“oner’s dec“s“on not to ob”ect to the R&R “n th“s case, the Court ADOPTS Magistrate Judge L“mbert’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. s/ Dated: August 7, 2018 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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