Woods v. Commissioner of Social Security

Filing 19

Opinion and Order Adopting 18 Report and Recommendation affirming Commissioner's decision and the complaint 1 is dismissed with prejudice. Judge Dan A. Polster 12/18/15 (C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROBERT LEE WOODS,
Plaintiff,
vs.
COMMISSIONER OF SOC. SEC.
ADMINISTRATION,
Defendant.

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CASE NO. 1:15 CV 610
JUDGE DAN AARON POLSTER
OPINION AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B.
Burke (“R & R”) issued and served on counsel for Plaintiff Robert Lee Woods via the Court’s
electronic case filing system on December 1, 2015. (Doc #: 18.)
Plaintiff seeks judicial review of the decision of the Commissioner of Social Security
denying his application for Social Security Disability Insurance Benefits with an alleged onset
date of May 9, 2010. In an exhaustive 21-page R & R, the Magistrate Judge recommends that
the Court affirm the Commissioner’s decision and dismiss the complaint in its entirety with
prejudice. The Magistrate Judge also informed counsel for Plaintiff that any objections to the
R & R must be filed within fourteen days of its service. (Id. at 21.)
Under the relevant statute:
Within fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings
and recommendations as provided by rules of court. A judge of
the court shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to
which objection is made.

28 U.S.C. § 636(b)(1) (emphasis added). In this case, 17 days have elapsed since the R & R was
issued, and Plaintiff has filed neither an objection nor a request for an extension of time to file
one.
The failure to timely file written objections to an R & R constitutes a waiver of a de novo
review by the district court of any issues covered in the R & R. Thomas v. Arn, 728 F.2d 813
(6th Cir. 1984); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
Despite the lack of objection, the Court has reviewed the Magistrate Judge’s thorough,
well-written R & R, agrees with the Magistrate Judge’s findings, and ADOPTS the Magistrate
Judge’s recommendation that the Commissioner’s decision be AFFIRMED and the complaint
DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.

/s/ Dan A. Polster December 18, 2015
Dan Aaron Polster
United States District Judge

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