Johnson v. Commissioner Social Security Administration

Filing 14

Opinion and Order signed by Judge James S. Gwin on 4/1/15 adopting the Report and Recommendation of the Magistrate Judge and affirming the Commissioner's decision. (Related Docs. 1 , 13 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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TRACY JOHNSON,
:
:
Plaintiff,
:
:
v.
:
:
CAROLYN W. COLVIN, ACTING
:
COMMISSIONER OF SOCIAL
:
SECURITY ADMINISTRATION,
:
:
:
Defendant.
:
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CASE NO. 1:14-CV-01884

OPINION & ORDER
[Resolving Docs. 1, 13]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On March 16, 2015, Magistrate Judge Nancy A. Vecchiarelli recommended that the Court
affirm the Commissioner of Social Security’s denial of Plaintiff Tracy Johnson’s application for
period of disability, disability insurance benefits, and supplemental security income.1/ Plaintiff
Johnson has not filed any 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. 13.

2/

28 U.S.C. § 636(b)(1).

3/

N.D. Ohio L.R. 72.3(b).

Case No. 1:14-CV-01884
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 complaint6/ 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: April 1, 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. 1.

7/

Doc. 11 (Plaintiff Johnson’s briefing); Doc. 12 (Commissioner’s briefing).

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