Teel v. Commissioner of Social Security

Filing 20

Memorandum of Opinion and Order For the reasons set forth herein, the Court finds that the Report and Recommendation is supported by the record, and agrees with the recommendation to remand the case. Accordingly, the Court remands the case for proceedings consistent with those stated in the R&R. Judge Benita Y. Pearson on 11/24/2013. Related document(s) 18 , 19 . (JLG)

PEARSON, J.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CATHY TEEL,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:13cv755

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 18]

On November 20, 2013, Magistrate Judge Nancy A. Vecchiarelli issued a Report
(“R&R”) recommending that the Commissioner’s final decision be remanded for proceedings
consistent with those stated in the R&R. ECF No. 18.
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, Defendant filed a response to the R&R stating that he will not file an

(1:13cv755)
objection. ECF No. 19. The Court finds that the R&R is supported by the record, and agrees
with the recommendation to remand the case. Accordingly, the Court remands the case for
proceedings consistent with those stated in the R&R (ECF No. 18).

IT IS SO ORDERED.

November 24, 2013
Date

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

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