Kostura v. Commissioner of Social Security Administration

Filing 20

Memorandum of Opinion and Order Adopting Report and Recommendation 19 , affirming the Commissioner's decision and dismissing plaintiff's case in its entirety with prejudice (other related doc 1 ). Judge Benita Y. Pearson on 6/8/2017. (C,KA)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JASON KOSTURA,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:16CV1824

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Jason Kostura’s application for
Supplemental Security Income (“SSI”) and Disability Insurance Benefits (“DIB”) after a hearing
in the above-captioned case. That decision became the final determination of the Commissioner
of Social Security when the Appeals Council denied Plaintiff’s request to review the ALJ’s
decision. Plaintiff sought judicial review of the Commissioner’s decision, and the Court referred
the case to Magistrate Judge Thomas M. Parker for preparation of a Report and
Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The Magistrate Judge
submitted a Report (ECF No. 19) recommending that the Court affirm the Commissioner’s
decision. ECF No. 19 at PageID #: 977.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within fourteen days after service. See also ECF No. 19 at PageID #: 977 (instructing
parties to file any objections within fourteen days). No objections have been filed, evidencing
satisfaction with the Magistrate Judge’s recommendation. Any further review by this Court

(1:16CV1824)
would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728
F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human
Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.
1981).
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation. The
Court affirms the Commissioner’s decision and dismisses Plaintiff’s case in its entirety, with
prejudice.

IT IS SO ORDERED.

June 8, 2017
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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