Sullivan v. Commissioner Social Security Administration, No. 5:2013cv00701 - Document 17 (N.D. Ohio 2014)
Court Description: Opinion and Order signed by Judge James S. Gwin on 4/9/14. The Court adopts the Report and Recommendation of the Magistrate Judge as to reversal and remand of the Commissioner's decision. (Related Doc. 1 , 15 ) (M,G)
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Sullivan v. Commissioner Social Security Administration Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: DAVID SULLIVAN, : : Plaintiff, : : v. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : ------------------------------------------------------- CASE NO. 5:13-CV-701 OPINION & ORDER [Resolving Doc. No. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On April 1, 2013, Plaintiff David Sullivan filed a complaint seeking judicial review of Defendant Commissioner of Social Security’s decision to deny him supplemental security income.1/ Under Local Rule 72.2, the Court referred the petition to Magistrate Judge Kathleen B. Burke for a Report and Recommendation. On March 24, 2014, Magistrate Judge Burke issued a report recommending this Court reverse and remand the Commissioner’s decision.2/ The Court ADOPTS the Magistrate Judge’s Report and Recommendation and REVERSES AND REMANDS the Commissioner’s decision. 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.3/ 1/ 2/ 3/ Doc. 1. Doc. 15. 28 U.S.C. § 636(b)(1). -1- Dockets.Justia.com Case No. 5:13-CV-701 Gwin, J. Parties must file any objections to a Report and Recommendation within fourteen days of service.4/ Failure to object within that time waives a party’s right to appeal the magistrate judge’s recommendation.5/ Absent objection, a district court may adopt the magistrate judge’s report without review.6/ In this case, neither party objected to the Magistrate Judge’s recommendation.7/ Accordingly, the Court ADOPTS in whole Magistrate Judge Burke’s Report and Recommendation and incorporates it fully herein by reference. The Court REVERSES AND REMANDS the Commissioner’s decision. IT IS SO ORDERED. Dated: April 9, 2014 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 4/ Fed. R. Civ. P. 72(a). 5/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 6/ Thomas, 474 U.S. at 149. Defendant has filed a response indicating it will not object. Doc. 16. 1981). 7/ -2-
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