Schneider v. Commissioner of Social Security Administration

Filing 16

Opinion & Order signed by Judge James S. Gwin on 9/25/17. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge and affirms the Commissioner's decision. (Related Docs. 1 and 15 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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PETER SCHNEIDER,
:
:
Plaintiff,
:
:
vs.
:
:
NANCY A. BERRYHILL,
:
Acting Commissioner of Social Security,
:
:
Defendant.
:
:
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CASE NO. 1:16-CV-02502

OPINION & ORDER
[Resolving Doc. No. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

Plaintiff Peter Schneider challenges the final decision of Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security, denying his applications for Period of Disability and
Disability Insurance Benefits, under Title II of the Social Security Act, 42 U.S.C. §§ 416(i) and
423 et seq.1
Under Local Rule 72.2, the Court referred the petition to Magistrate Judge Jonathan D.
Greenberg for a Report and Recommendation. On August 16, 2017, Magistrate Judge Greenberg
issued a report recommending that the Court affirm the Commissioner’s final decision.2 The
Court ADOPTS the Magistrate Judge’s Report and Recommendation and AFFIRMS the
Commissioner’s decision.
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.3

1

Doc. 1.
Doc. 15.
3
28 U.S.C. § 636(b)(1).
2

Case No. 1:16-cv-02502
Gwin, J.
Parties must file any objections to a Report and Recommendation within fourteen days of
service.4 Failure to object within that time waives a party’s right to appeal the magistrate judge’s
recommendation.5 Absent objection, a district court may adopt the magistrate judge’s report
without review.6
In this case, neither party objected to the Magistrate Judge’s recommendation.
Accordingly, the Court ADOPTS in whole Magistrate Judge Greenberg’s Report and
Recommendation and incorporates it fully herein by reference.

IT IS SO ORDERED.

Dated: September 25, 2017

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

4

Fed. R. Civ. P. 72(a).
Id. See Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).
6
Thomas, 474 U.S. at 149.
5

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