Scott v. Commissioner of Social Security Administration

Filing 17

Opinion and Order signed by Judge James S. Gwin on 11/15/13 adopting the Report and Recommendation of the Magistrate Judge. (Related Docs. 1 , 16 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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JEFFREY R. SCOTT,
:
:
Plaintiff,
:
:
v.
:
:
COMMISSIONER OF SOCIAL
:
SECURITY ADMINISTRATION,
:
:
Defendant.
:
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CASE NO. 1:13-CV-00514

OPINION & ORDER
[Resolving Doc. No. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On March 8, 2013, Plaintiff Scott filed a complaint seeking judicial review of Defendant
Commissioner of Social Security’s decision to deny him disability insurance benefits and
supplemental security income.1/ Under Local Rule 72.2, the Court referred the petition to Magistrate
Judge Nancy A. Vecchiarelli for a Report and Recommendation. On October 16, 2013, Magistrate
Judge Vecchiarelli issued a report recommending this Court affirm the Commissioner’s decision.2/
The Court ADOPTS the Magistrate Judge’s Report and Recommendation and DISMISSES
Plaintiff’s complaint.
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.3/

1/
2/
3/

Doc. 1.
Doc. 16.
28 U.S.C. § 636(b)(1).

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Case No. 1:13-CV-00514
Gwin, J.
Parties must file any objections to a Report and Recommendation within fourteen days of service.4/
Failure to object within that time waives a party’s right to appeal the magistrate judge’s
recommendation.5/ Absent objection, a district court may adopt the magistrate judge’s report without
review.6/
In this case, neither party objected to the Magistrate Judge’s recommendation. Accordingly,
the Court ADOPTS in whole Magistrate Judge Vecchiarelli’s Report and Recommendation and
incorporates it fully herein by reference. The Court DISMISSES Plaintiff’s complaint.
IT IS SO ORDERED.

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

Dated: November 15, 2013

4/

Fed. R. Civ. P. 72(a).

5/

Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.

6/

Thomas, 474 U.S. at 149.

1981).

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