Barber v. Commissioner of Social Security

Filing 18

Opinion & Order signed by Judge James S. Gwin on 8/10/17 adopting the Report and Recommendation of the Magistrate Judge and vacating and remanding the case for further consideration. (Related Docs. 1 and 16 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------TYISHA BARBER,
On behalf of D.A.,
Plaintiff,
vs.
COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

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CASE NO. 1:16-CV-2436

OPINION & ORDER
[Resolving Docs. 1, 16]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On October 4, 2016, Plaintiff Tyisha Barber, on behalf of her minor daughter, D.A., sued
to reverse a supplemental security income denial.1 On July 28, 2017, Magistrate Judge Jonathan
D. Greenberg recommended vacating and remanding the Commissioner’s denial of benefits.2 On
August 9, 2017, the Defendant Commissioner notified the Court that it would not file objections
to the Magistrate Judge’s recommendation.3
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection.4
Failure to timely object 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 Moreover, having conducted its own review of the complaint and record, the Court
agrees with the conclusions in the Report and Recommendation.

1

Doc. 1. The Commissioner of Social Security answered. Doc. 10.
Doc.16.
3
Doc. 17.
4
28 U.S.C. § 636(b)(1)(C).
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-2436
Gwin, J.
For the foregoing reasons, this Court ADOPTS the Magistrate Judge’s Recommendation,
and VACATES and REMANDS the case for further consideration consistent with the
Magistrate Judge’s decision.
IT IS SO ORDERED.

Dated: August 10, 2017

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

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