Buwala v. Commissioner of Social Security, No. 5:2018cv01291 - Document 19 (N.D. Ohio 2019)

Court Description: Opinion and Order signed by Judge James S. Gwin on 8/5/19. The Court, for the reasons set forth in this Order, adopts the Report and Recommendation of the Magistrate Judge and affirms the Commissioner's final decision.(S,KM)

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Buwala v. Commissioner of Social Security Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ERIC STEPHEN BUWALA, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 5:18-cv-1291 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Eric Stephen Buwala seeks judicial review of the Social Security Administration Commissioner’s final decision denying his period of disability, disability insurance, and supplemental security income benefits application.1 On April 12, 2019, Magistrate Judge Kathleen Burke issued a Report and Recommendat“on ( R&R ) recommending that the Court aff“rm the Comm“ss“oner’s f“nal decision denying Pla“nt“ff’s benefits application.2 Any objections to the R&R were due by April 24, 2019, and neither party objected. The Federal Magistrates Act requires district courts to conduct a de novo review only of objected-to portions of a R&R.3 Absent objection, district courts may adopt a R&R without review.4 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 15, 16. Plaintiff filed a reply. Doc. 17. Doc. 18. 3 28 U.S.C. § 636(b)(1). 4 Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may wa“ve a party’s r“ght to appeal the d“str“ct court’s order adopt“ng the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). 2 Dockets.Justia.com Case No. 5:18-cv-1291 Gwin, J. Because no party has objected to the R&R, this Court may adopt Magistrate Judge Burke’s R&R without further review. Moreover, having conducted its own review of the record, the Court agrees with the R&R’s conclusions. Accordingly, the Court ADOPTS Magistrate Judge Burke’s R&R, and AFFIRMS the Comm“ss“oner’s f“nal dec“s“on. IT IS SO ORDERED. s/ Dated: August 5, 2019 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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