Carter v. Commissioner of Social Security Administration

Filing 16

Opinion and Order Adopting Report and Recommendation 15 in full and dismissing the case. Signed by Judge Dan Aaron Polster on 6/12/2017. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOBBY CARTER,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Comm’r of Social Security,
Defendant.

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CASE NO. 1:16-cv-01840-DAP
JUDGE DAN AARON POLSTER
OPINION AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge David A. Ruiz
(“R & R”), Doc #. 15, which recommends that the Court affirm the Commissioner’s final
decision. The R & R was filed on May 26, 2017. It is now June 12, 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 the ALJ sufficiently explained the weight ascribed to the purported opinion
of a non-treating source, Dr. Pattimakiel. Additionally, the Court agrees with the Magistrate
Judge that the ALJ adequately explained the weight assigned to consultative examiners’
opinions. Consequently, the Court agrees with the Magistrate Judge that the Commissioner’s
final decisions should be affirmed.
Accordingly, the Court ADOPTS the R & R, Doc. # 15, in full and DISMISSES the
above-captioned case.
IT IS SO ORDERED.
/s/ Dan A. Polster June 12, 2017
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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