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)

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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-

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