Myers v. Commissioner of Social Security

Filing 17

Opinion and Order Adopting Report and Recommendation of the Magistrate Judge signed by Judge James S. Gwin on 10/16/12. The denial of benefits is affirmed. (Related Docs. 1 , 16 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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MARY K. MYERS,
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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. 1:12-CV-00250

OPINION & ORDER
[Resolving Docs. No. 1, 10,16]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On February 1, 2012, Plaintiff Mary Myers filed a complaint seeking judicial review of the
Defendant Commissioner of Social Security’s decision to deny her disability benefits. The matter
was referred to Magistrate Judge Nancy A. Vecchiarelli pursuant to Local Rule 72.2. On September
26, 2012, Magistrate Judge Vecchiarelli issued a Report and Recommendation recommending that
the Administrative Law Judge properly assessed Ms. Myers’s residual functional capacity and that
the decision of the Commissioner is supported by substantial evidence in the record. [Doc. 16 at 15,
16.] Accordingly, Magistrate Judge Vecchiarelli recommended that the Commissioner’s decision
be affirmed.. [Doc. 16 at 19.]
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). The Act grants parties fourteen days to file objections. Id. Failure to object
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Case No. 1:12-CV-00250
Gwin, J.
within this time waives a party’s right to appeal the district court’s judgment. FED . R. CIV . P. 72(a);
see also 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 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. Moreover,
having conducted its own review of the Report and Recommendation, record, and parties’ briefs, the
Court agrees with the recommendation of Magistrate Judge Vecchiarelli that the Court affirm the
Commissioner’s decision.
Accordingly, the Court ADOPTS in whole Magistrate Judge Vecchiarelli’s Report and
Recommendation and incorporates it fully herein by reference, AFFIRMS the Commissioner’s
denial of benefits.

IT IS SO ORDERED

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

Dated: October 16, 2012

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