Sherrills v. Commissioner of Social Security

Filing 19

Opinion and Order For the reasons stated in the Order, the Court denies Plaintiff's pending Motions (Doc ##: 8 , 11 and 15 ), overrules the Objection (Doc #: 17 ), and adopts the thorough and correct analysis of the record and the law articulated by the Magistrate Judge in the R & R (Doc #: 16 ). Signed by Judge Dan Aaron Polster on 4/18/2017. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DARIES SHERRILLS,
Plaintiff,
vs.
COMMISSIONER OF SOC. SECURITY,
Defendant.

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CASE NO. 1:17 CV 30
JUDGE DAN AARON POLSTER
OPINION AND ORDER

This case is before the Court upon the Report and Recommendation of Magistrate Judge
Jonathan D. Greenberg who recommends that the Court deny Plaintiff’s Motion for Default
Judgment (Doc #: 8), Motion for Hearing on Default Judgment (Doc #: 11) and Motion to Strike
Answer (Doc #: 15). (Doc #: 16 (“R & R”)). The Court has reviewed the Motions, the R & R,
and Plaintiff’s Objection (Doc #: 17), and agrees with the Magistrate Judge’s recommendation.
It is undisputed that the Commissioner timely filed her Answer and Transcript on March
28, 2017, following two extensions of time granted by Magistrate Judge Greenberg. (See Doc
#: 9 (first motion for extension) and non-document order of 3/14/2017 (granting motion); Doc #:
12 (second motion for extension) and non-document order of 3/28/2017 (granting motion)).
Consequently, default judgment is not appropriate in this case.
Accordingly, the Court DENIES Plaintiff’s pending Motions (Doc ##: 8, 11 and 15),
OVERRULES the Objection (Doc #: 17), and ADOPTS the thorough and correct analysis of
the record and the law articulated by the Magistrate Judge in the R & R (Doc #: 16).
IT IS SO ORDERED.
/s/ Dan A. Polster April 18, 2017
Dan Aaron Polster
United States District Judge