Cooksey v. Commissioner of Social Security Administration, No. 1:2017cv01378 - Document 16 (N.D. Ohio 2018)

Court Description: Opinion & Order signed by Judge James S. Gwin on 7/25/18. 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 affirms the Commissioner's decision. (Related Docs. 1 and 15 ) (D,MA)

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Cooksey v. Commissioner of Social Security Administration Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------MICHELLE COOKSEY, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : CASE NO. 1:17-cv-1378 OPINION AND ORDER [Resolving Doc. 1] -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On June 29, 2017, Plaintiff Michelle Cooksey filed a complaint seeking judicial review of the Defendant Comm“ss“oner of Soc“al Secur“ty’s dec“s“on to deny her application for Disability Insurance Benefits.1 The Court referred the matter to Magistrate Judge Kathleen B. Burke. On June 7, 2018, Magistrate Judge Burke issued a Report and Recommendation ( R&R ) recommending that this Court affirm the Comm“ss“oner’s f“nal dec“s“on.2 Objections to Magistrate Judge Burke’s R&R were due June 21, 2018. That date has passed, and neither party has filed any objections. 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.3 Failure to timely object waives a party’s r“ght to appeal the mag“strate’s report.4 So, where a party does not object to the R&R, a district court may adopt it without review.5 1 Doc. 1. Doc. 15. 3 28 U.S.C. § 636(b)(1)(C). 4 Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 5 See Thomas, 474 U.S. at 149–50. 2 Dockets.Justia.com Case No. 1:17-cv-1378 Gwin, J. Accordingly, in light of the part“es’ dec“s“on not to object to the R&R in this case, the Court ADOPTS Magistrate Judge Burke’s R&R, incorporates it as if fully restated herein, and AFFIRMS the Comm“ss“oner’s dec“s“on. IT IS SO ORDERED. Dated: July 25, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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