McFadden-Albert v. Commissioner of Social Security

Filing 22

Memorandum Opinion: The Court has reviewed the Magistrate Judge's Report and Recommendation and adopts the same. (Doc. No. 21 .) Accordingly, the decision of the Commissioner is reversed, and this matter is remanded to the Commissioner for further proceedings consistent with the Report and Recommendation and this Court's Memorandum Opinion. Judge Sara Lioi on 7/12/2017. (P,J)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IVY MCFADDEN-ALBERT, PLAINTIFF, vs. COMMISSIONER OF SOCIAL SECURITY, CASE NO. 1:16CV1046 ) ) ) ) ) ) ) ) ) JUDGE SARA LIOI MEMORANDUM OPINION DEFENDANT. Before the Court is the report and recommendation (“R&R”) of the Magistrate Judge in the above-entitled action. 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). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation 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 the Magistrate Judge=s R&R and adopts the same. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner for further proceedings consistent with the R&R and this Court’s Memorandum Opinion. IT IS SO ORDERED. Dated: July 12, 2017 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE 2

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