Tate v. Commissioner of Social Security

Filing 21

Memorandum Opinion and Order The Court adopts the Magistrate Judge's Report and Recommendation affirming the final decision of the Commissioner. ECF No. 20 . Judge Benita Y. Pearson on 10/4/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROGER TATE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 1:11cv2041

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 20]

Before the Court is the Report and Recommendation of Magistrate Judge Greg White
recommending the Court affirm the final decision of the Commissioner and enter judgment in
favor of Defendant. ECF No. 20.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
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 district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Objections to the Report and Recommendation were due by October 3,
2012. Plaintiff has not filed an Objection. The Court finds that the Report and Recommendation
is supported by the record, and agrees with the Magistrate Judge’s recommendation.

(1:11cv2041)
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation
affirming the final decision of the Commissioner. ECF No. 20.
IT IS SO ORDERED.

October 4, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

2