Gill v. Commissioner of Social Security Administration, No. 1:2022cv00981 - Document 12 (N.D. Ohio 2023)

Court Description: Opinion and Order: For the reasons stated herein, the Court adopts the Report and Recommendation. The final decision of the Commissioner of Social Security is AFFIRMED. The case is dismissed. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 7/24/2023. (H,AR)

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Gill v. Commissioner of Social Security Administration Doc. 12 Case: 1:22-cv-00981-BMB Doc #: 12 Filed: 07/24/23 1 of 2. PageID #: 725 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION RICHARD A. GILL, JR., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:22-CV-981 JUDGE BRIDGET MEEHAN BRENNAN OPINION AND ORDER Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge James E. Grimes, Jr., recommending that the decision of the Commissioner of Social Security (“Commissioner”) denying the applications of Plaintiff Richard Gill (“Plaintiff”) for disability insurance benefits and supplemental security income be affirmed. (Doc. No. 11.) Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C) (flush language). The R&R was issued on April 24, 2023. Plaintiff is represented by counsel. No objection to the R&R has been filed, and the deadline has since passed. The failure to timely file written objections to a report and recommendation of a magistrate judge constitutes a waiver of de novo review by the district court. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas, 728 F.2d at 815. Dockets.Justia.com Case: 1:22-cv-00981-BMB Doc #: 12 Filed: 07/24/23 2 of 2. PageID #: 726 The Court has reviewed the R&R and adopts the same. Accordingly, the final decision of the Commissioner of Social Security denying Plaintiff’s applications for disability insurance benefits and supplemental security income is AFFIRMED. The case is dismissed. IT IS SO ORDERED. Date: July 24, 2023 ____________________________________ BRIDGET MEEHAN BRENNAN UNITED STATES DISTRICT JUDGE

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