Case v. Commissioner Social Security Administration

Filing 22

Memorandum Opinion: The Court has reviewed Magistrate Judge Limbert's report and recommendation (Doc. No. 21 ) and adopts the same. Accordingly, the final decision of the Commissioner of Social Security denying plaintiff's application for disability insurance benefits is affirmed. This case is dismissed. Judge Sara Lioi on 3/28/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
EUGENIA CASE,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
DEFENDANT.

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CASE NO. 1:16-cv-585
JUDGE SARA LIOI
MEMORANDUM OPINION

Before the Court is the report and recommendation of Magistrate Judge George Limbert,
recommending that the decision of the Commissioner of Social Security (“Commissioner”) denying
the application of plaintiff Eugenia Case (“plaintiff” or “Case”) for disability insurance benefits
(“DIB”) be affirmed, and that plaintiff’s case be dismissed with prejudice. (Doc. No. 21 (Report and
Recommendation [“R&R”]).)
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)(C).
The R&R was issued on March 6, 2017. Plaintiff is represented by counsel. No objection to
the R&R has been filed. The failure to file written objections to the report and recommendation of a
magistrate judge constitutes a waiver of a de novo determination by the district court of an issue

covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see
United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed Magistrate Judge Limbert’s report and recommendation and adopts
the same. Accordingly, the final decision of the Commissioner of Social Security denying plaintiff’s
application for disability insurance benefits is AFFIRMED. This case is dismissed.
IT IS SO ORDERED.

Dated: March 28, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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