Dowling v. Commissioner of Social Security

Filing 21

Opinion & Order signed by Judge James S. Gwin on 6/3/17. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge and dismisses plaintiff's complaint. (Related Doc. 19 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------DAVID L. DOWLING,
Plaintiff,
vs.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

:
:
:
:
:
:
:
:
:
:
:
:
:

CASE NO. 1:16-CV-2180

OPINION & ORDER
[Resolving Doc. 19]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On August 30, 2016, Plaintiff David L. Dowling asked the Court to review Defendant
Commissioner’s decision to deny him disability benefits.1 Magistrate Judge Kathleen B. Burke
issued a Report and Recommendation (“R&R”) recommending that this Court affirm the
Commissioner’s decision.2
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a R&R to which the parties have made an objection.3 Parties must file any
objections to a R&R within fourteen days of service.4 Failure to object within this time waives a
party’s right to appeal the magistrate’s report.5 Absent objection, a district court may adopt the
magistrate judge's report without review.6

1

Doc. 1.
Doc. 19.
3
28 U.S.C. § 636(b)(1)(C).
4
Id.; Fed. R. Civ. P. 72(b)(2).
5
Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).
6
See Thomas, 474 U.S. at 149.
2

Case No. 1:16-CV-2180
Gwin, J.
Here, Plaintiff informed the Court he is not objecting to the R&R and the Defendant has
not filed an objection.7 Accordingly, the Court ADOPTS in whole Magistrate Judge Burke’s
Report and Recommendation and incorporates it fully herein by reference, and DISMISSES
Plaintiff Dowling’s complaint.
IT IS SO ORDERED.

Dated: June 3, 2017

7

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Doc. 20.

-2-