Meadows v. Commissioner of Social Security

Filing 22

Memorandum Opinion and Order Adopting Report and Recommendation 21 that the Commissioner's decision be AFFIRMED and the complaintDISMISSED. Judge Dan A. Polster(C,KA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ALAN C. MEADOWS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:11 CV 2378 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Judge Greg White issued and mailed to Plaintiff Alan Meadows on September 25, 2012 (“R&R”) (Doc #: 21). Plaintiff seeks judicial review of the decision of the Commissioner of Social Security denying his application for a Period of Disability, Disability Insurance Benefits, and Supplemental Security Income. (Doc #: 1.) The Magistrate Judge recommends affirming the Commissioner’s decision and dismissing Plaintiff’s complaint. 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, 27 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. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Despite the lack of 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 be AFFIRMED and the complaint DISMISSED. IT IS SO ORDERED. /s/ Dan A. Polster October 22, 2012 Dan Aaron Polster United States District Judge -2-

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