Neumann v. Commissioner of Social Security

Filing 16

Order: The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. Accordingly, the Court concludes that the Commissioner's decision denying Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB) was supported by substantial evidence and must be affirmed. (Related Doc # 15 ). Judge Sara Lioi on 7/22/2011. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEVEN JAY NEUMANN,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 1:10 CV 2021
JUDGE SARA LIOI
ORDER

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. 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). In this case, the fourteen-day period has elapsed and no objections have
been filed.1 The failure to file written objections to a Magistrate Judge’s report and recommendation
constitutes a waiver of a de novo determination by the district court of an issue covered in the report.

1

The R&R was filed and delivered electronically on July 6, 2011 at 2:16 PM EDT. Electronic delivery is virtually
instantaneous, provided counsel has configured his email to receive notices of filings in the case. Therefore the objections
were due no later than 2:16 PM on July 20, 2011 or, arguably, 11:59 PM on July 20, 2011.

Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985), reh’g denied, 474 U.S.
1111 (1986); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge’s report and recommendation and
accepts the same. Accordingly, the Court concludes that the Commissioner’s decision denying
Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB) was supported by
substantial evidence and must be AFFIRMED.

IT IS SO ORDERED.

Dated: July 22, 2011
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE