Miller v. Commissioner of Social Security
Filing
17
Memorandum Opinion and Order adopting 16 Report and Recommendation that the Commissioners decision be AFFIRMED and the complaintDISMISSED. Judge Dan A. Polster(C,KA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
TAMARA ANN MILLER,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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CASE NO. 1:12 CV 148
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER
Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge
Kathleen B. Burke issued and served on counsel for Plaintiff Tamara Ann Miller via the Court’s
electronic filing system on November 26, 2012.
Plaintiff seeks judicial review of the decision of the Commissioner of Social Security
denying his application for Disability Insurance and Supplemental Security Income. 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, 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. 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
Judge’s recommendation that the Commissioner’s decision be AFFIRMED and the complaint
DISMISSED.
IT IS SO ORDERED.
/s/ Dan A. Polster December 17, 2012
Dan Aaron Polster
United States District Judge
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