Kerr v. Commissioner of Social Security

Filing 16

Opinion and Order signed by Judge James S. Gwin on 1/30/15 adopting the Report and Recommendation of the Magistrate Judge and affirming the Commissioner's decision. (Related Docs. 1 , 15 ) (M,G)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: JENNIFER ANN KERR, : : Plaintiff, : : v. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : ------------------------------------------------------- CASE NO. 1:14-CV-00657 OPINION & ORDER [Resolving Docs. 1, 15] : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 12, 2015, Magistrate Judge Nancy A. Vecchiarelli recommended that the Court affirm the Commissioner of Social Security’s decision denying Plaintiff Jennifer Ann Kerr’s application for Period of Disability and Disability Insurance Benefits under the Social Security Act.1/ Kerr has not filed an objection to the Report and Recommendation. The Court ADOPTS the Magistrate Judge’s Report and Recommendation and AFFIRMS the Commissioner’s decision. 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.2/ Parties must file any objections to a Report and Recommendation within fourteen days of service.3/ Failure to object within that time waives a party’s right to appeal the Magistrate Judge’s 1/ Doc. 15. 2/ 28 U.S.C. § 636(b)(1). 3/ N.D. Ohio L.R. 72.3(b). Case No. 1:14-CV-00657 Gwin, J. recommendation.4/ Absent objection, a district court may adopt the Magistrate Judge’s report without review.5/ Moreover, having conducted its own review of the record6/ and briefing,7/ the Court agrees with the conclusions of the Magistrate Judge. Accordingly, the Court ADOPTS Magistrate Judge Vecchiarelli’s findings of fact and conclusions of law and incorporates them fully herein by reference. The Court AFFIRMS the Commissioner’s decision. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: January 30, 2015 4/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 5/ Thomas, 474 U.S. at 149. 6/ Doc. 10. 7/ Doc. 13 (Plaintiff Kerr’s brief); Doc. 14 (Commissioner’s brief). -2-

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