Clark v. Commissioner of Social Security

Filing 21

Opinion and Order signed by Judge James S. Gwin on 8/13/12 adopting the Report and Recommendation of the Magistrate Judge and dismissing the complaint in this case. (Related Docs. {1}, 19 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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RITA M. CLARK,
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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL
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SECURITY,
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Defendant.
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CASE NO. 1:11-CV-00995

OPINION & ORDER
[Resolving Doc. No. 1, 19]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On May 18, 2012, Plaintiff Rita M. Clark filed a complaint seeking review of the Defendant
Commissioner of Social Security’s decision to deny her application for disability benefits. [Doc. 1.]
The matter was referred to Magistrate Judge Kathleen B. Burke pursuant to Local Rule 72.2. On
June 5, 2012, Magistrate Judge Burke issued a Report and Recommendation recommending that this
Court affirm the Commissioner’s decision. [Doc. 19.] Neither party objected to Judge Burke’s
recommendation.
The Federal Magistrates Act requires a district court to conduct a de novo review of only
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the magistrate’s report. Thomas v. Arn, 474 U.S. 140, 145 (1985); United
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Case No. 1:11-CV-00995
Gwin, J.
States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt
the magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In this case, neither party has objected to the Magistrate Judge’s recommendation.
Additionally, having reviewed the record, the Court agrees with Magistrate Judge Burke that
substantial evidence supports the Commissioner’s denial of benefits. Accordingly, the Court
ADOPTS in whole Magistrate Judge Burke’s Report and Recommendation and incorporates it fully
herein by reference, and DISMISSES Plaintiff Clark’s complaint.
IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: August 13, 2012

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