Paskewitz v. Commisioner of Social Security

Filing 16

Memorandum Opinion and Order Adopting Report and Recommendation re 15 that the Commissioner's decision denying DIB and SSI to Paskewitz be AFFIRMED and the complaint DISMISSED. Judge Dan A. Polster (C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
HERB A. PASKEWITZ,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commission of Social Security,
Defendant.

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Case No. 1:11 CV 2371
Judge Dan Aaron Polster
MEMORANDUM OF OPINION
AND ORDER

Plaintiff Herb A. Paskewitz seeks judicial review of the final decision of Defendant
Commissioner of Social Security denying his application for Disability Insurance Benefits
(“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 416(i) and 423, and Supplemental
Security Income (“SSI”) under Title XVI of the Act, 42 U.S.C. § 1381 et seq. (Doc #: 1.) The
case was referred to Magistrate Judge Kathleen B. Burke for preparation of a Report and
Recommendation (“R&R”) pursuant to Local R. 72.2(b)(1). Following briefing, the Magistrate
Judge issued an R&R recommending that the Court affirm the Commissioner’s denial of
Paskewitz’s applications for DIB and SSI. (Doc #: 15.) The Magistrate Judge expressly noted
that:
[a]ny objections to this Report and Recommendation must be filed with the Clerk
of Court within fourteen (14) days after the party objecting has been served with a
copy of this Report and Recommendation. Failure to file objections within the
specified time may waive the right to appeal the District Court’s order. See
United States v. Walters, 638 F.2d 947 (6th Cir. 1981); see also Thomas v. Arn,
474 U.S. 140 (1985), reh’g denied, 474 U.S. 1111 (1986).
(Id. at 25.)

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) (emphasis added). In this case, 21 days have elapsed since the R&R was
issued, and Plaintiff has filed neither an objection nor a request for an extension of time to file
one. The failure to timely file written objections to an R&R constitutes a waiver of a de novo
determination by the district court of an issue covered in the report. Arn, 728 F.2d 813; Walters,
638 F.2d 947.
Notwithstanding the lack of an objection, the Court has reviewed the Magistrate Judge’s
thorough, well-written R&R, agrees with the Magistrate Judge’s findings, and ADOPTS the
Magistrate’s recommendation that the Commissioner’s decision denying DIB and SSI to
Paskewitz be AFFIRMED and the complaint DISMISSED.
IT IS SO ORDERED.

/s/ Dan A. Polster November 19, 2012
Dan Aaron Polster
United States District Judge

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