McManus v. Commissioner of Social Security

Filing 17

Memorandum Opinion: The Court has reviewed the magistrate judge's Report and Recommendation and adopts the same. Accordingly, the final decision of the Commissioner is vacated and the case is remanded to the Commissioner, pursuant to 42 U.S.C. Section 405(g), for further proceedings consistent with the Report and Recommendation. (Related Doc. No. 15 ). Judge Sara Lioi on 4/25/2018. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROBERT EUGENE McMANUS, JR,

PLAINTIFF,
vs.
COMMISSIONER SOCIAL SECURITY,

DEFENDANT.

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CASE NO. 1:17-cv-789

JUDGE SARA LIOI

MEMORANDUM OPINION

Before the Court is the report and recommendation (“R&R”) of the magistrate judge in
the above-entitled action. (Doc. No. 15.) Under the relevant statute:
[. . .] Within fourteen days after being served with a copy, any
party may serve and file written objections to such proposed
findings and recommendations as provided by rules of court. A
judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.
28 U.S.C. ' 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections
have been filed. Further, defendant has filed a response indicating that she does not intend to file
objections to the R&R. (Doc. No. 16.) The failure to file written objections to a magistrate
judge=s R&R constitutes a waiver of a de novo determination by the district court of an issue
covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985);
see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

The Court has reviewed the magistrate judge=s R&R and adopts the same. Accordingly,
the final decision of the Commissioner is vacated and the case is remanded to the Commissioner,
pursuant to 42 U.S.C. § 405(g), for further proceedings consistent with the R&R.
IT IS SO ORDERED.

Dated: April 25, 2018
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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