Vlach v. Commissioner of Social Security

Filing 22

Memorandum of Opinion and Order The Court finds that the Report is supported by the record, and agrees with the Magistrate Judge's recommendation. Accordingly, the Court adopts the Magistrate Judges Report and Recommendation (ECF No. 21 ) and affirms the final decision of the Commissioner. Judge Benita Y. Pearson on 7/16/2013. (JLG)

PEARSON, J.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN P. VLACH,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:12cv2452

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 21]

Before the Court is the Report and Recommendation of Magistrate Judge Vernelis K.
Armstrong recommending the Court affirm the final decision of the Commissioner. ECF No. 21.
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 were due by July 15, 2013. Plaintiff has not
filed an objection. The Court finds that the Report is supported by the record, and agrees with
the magistrate judge’s recommendation.

(1:12cv2452)
Accordingly, the Court adopts the magistrate judge’s Report and Recommendation (ECF
No. 21) and affirms the final decision of the Commissioner.

IT IS SO ORDERED.

July 16, 2013
Date

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

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(1:12cv2452)

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