Irving v. Commissioner of Social Security

Filing 19

Order of Dismissal: The Magistrate Judge recommended affirming the defendant's final decision denying plaintiff's application for disability insurance benefits and supplemental security income, finding it supported by substantial evidence. No objections having been heard, the Court adopts the recommendation and dismisses this matter with prejudice. (Related Doc. No. 18 ). Judge Sara Lioi on 6/30/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
REGINA IRVING,
PLAINTIFF,
vs.
ACTING COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

CASE NO. 1:16-cv-1391
)
)
)
)
)
)
)
)
)
)

JUDGE SARA LIOI
ORDER OF DISMISSAL

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. (Doc. No. 18.) 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 R&R was filed on June 9, 2017. Under Fed.R.Civ.P. 6(d), an additional three days are
added when computing service, making objections due June 26, 2017, which fell on a Monday.
No objections were filed on or before that deadline. 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), reh’g denied, 474 U.S. 1111 (1986); see United States v. Walters, 638
F.2d 947 (6th Cir. 1981).
The Magistrate Judge recommended affirming the defendant’s final decision denying
plaintiff’s application for disability insurance benefits and supplemental security income, finding

it supported by substantial evidence. No objections having been heard, the Court adopts the
recommendation and dismisses this matter with prejudice.

IT IS SO ORDERED.

Dated: June 30, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE