Carr v. Social Security, No. 4:2020cv02736 - Document 17 (N.D. Ohio 2022)
Court Description: Opinion and Order signed by Judge James S. Gwin on 5/6/22. The Court ADOPTS Judge Clay's Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation. re 15 Report and Recommendation, 1 Complaint (T,A)
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Carr v. Social Security Doc. 17 Case: 4:20-cv-02736-JG Doc #: 17 Filed: 05/06/22 1 of 2. PageID #: 1083 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ADAM CHARLES CARR, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 4:20-cv-02736 OPINION & ORDER [Resolving Doc. 15] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Adam Charles Carr seeks judicial review of the Defendant Commissioner of Social Security final decision denying applications for disability insurance benefits and supplemental security income. On March 29, 2022, Judge Darrell A. Clay recommended that the Court vacate the Commissioner’s decision and remand the case for further consideration.1 Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of a Report and Recommendation to which the parties have objected.2 Absent objection, a district court may adopt a Report and Recommendation without review.3 Here, the Government has declined to file objections,4 so this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own 1 Doc. 15. 28 U.S.C. § 636(b)(1). 3 Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). 4 Doc. 16. 2 Dockets.Justia.com Case: 4:20-cv-02736-JG Doc #: 17 Filed: 05/06/22 2 of 2. PageID #: 1084 Case No. 4:20-cv-02736 Gwin, J. review of the petition and record, the Court agrees with Judge Clay’s determinations. Accordingly, the Court ADOPTS Judge Clay’s Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner’s final decision, and REMANDS this case consistent with the Report and Recommendation. IT IS SO ORDERED. s/ Dated: May 6, 2022 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-
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