Cook v. Commissioner of Social Security
Order Adopting ECF # 17 Report and Recommendation of Magistrate Judge Kathleen B. Burke, and affirms the final decision of the Commissioner. Judge Benita Y. Pearson on 6/27/2014. (M,De)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
TINA LOUISE COOK,
COMMISSIONER OF SOCIAL SECURITY
CASE NO. 1:13CV01621
JUDGE BENITA Y. PEARSON
In the above-captioned case, an Administrative Law Judge (“ALJ”) denied Plaintiff Tina
Louise Cook’s applications for Disability Insurance Benefits and Supplemental Social Security
Income after a hearing. That decision became the final determination of Defendant
Commissioner of Social Security Administration when the Appeals Council denied Plaintiff’s
request to review the ALJ’s decision. Plaintiff subsequently sought judicial review of
Defendant’s decision, and this Court referred the case to Magistrate Judge Kathleen Burke for
preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636. The magistrate
judge, after reviewing the briefs submitted by the parties, the record, and the applicable law,
recommended that Defendant’s decision be affirmed. ECF No. 17.
28 U.S.C. § 636 provides that a party may serve and file specific written objections
within fourteen days after being served with the recommendations of the magistrate judge.
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, 106 S. Ct. 466, 88 L. Ed. 2d (1986). Moreover, 28 U.S.C. §
636 does not require a district judge to review a magistrate judge’s report to which no objections
are filed. Id. at 149.
The Report and Recommendation was issued and filed on June 10, 2014. Although the
cutoff to file written objections was June 24, 2014, Plaintiff has not filed any objections.
Moreover, the Court finds that the Report and Recommendation is supported by the record and
the law, and the Court agrees with the magistrate judge’s recommendation.
Accordingly, the Court adopts the Report and Recommendation, and affirms the final
decision of the Commissioner.
IT IS SO ORDERED.
June 27, 2014
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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