Hatten v. Commissioner of Social Security Administration
Order Adopting Report and Recommendation. For the reason stated in the Order, the Court adopts the Report and Recommendation, Doc. # 14 , in full and dismisses the above-captioned case. Signed by Judge Dan Aaron Polster on 12/20/2016. (K,K)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
COMMISSIONER OF SOCIAL
CASE NO. 1:16-cv-00242-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
Before the Court is the Report and Recommendation of Magistrate Judge Jonathan D.
Greenberg (“R & R”), Doc #. 14, which recommends that the Court affirm the Commissioner’s
final decision. The R & R was filed on December 2, 2016. It is now December 20, and no
objections to the R & R have been filed.
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). The failure to timely file written objections to a Magistrate Judge’s
R & R constitutes a waiver of the right to obtain a de novo review of the R & R in the district
court. United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981); Thomas v. Arn, 474 U.S.
140, 149–50 (1985). The failure to file written objections also results in a waiver of the right to
appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985).
Here, the time for objection has passed and no objections have been filed. Nonetheless,
the Court has reviewed the Magistrate Judge’s thorough R & R. The Court agrees with the
Magistrate Judge that Hatten’s two claimed grounds for relief are without merit and that the
Commissioner’s final decisions should be affirmed. Accordingly, the Court ADOPTS the
R & R, Doc. # 14, in full and DISMISSES the above-captioned case.
IT IS SO ORDERED.
/s/ Dan A. Polster Dec. 20, 2016
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE
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