Reyes v. Commissioner of Social Security Administration

Filing 17

Opinion & Order signed by Judge James S. Gwin on 6/27/18. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge, incorporates it as if fully restated herein, and reverses and remands the Commissioner's final decision. (Related Docs. 1 and 15 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL
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SECURITY,
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Defendant.
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-----------------------------------------------------------SANDRA REYES,
ex rel., J.R., a minor,

CASE NO. 1:17-cv-943

OPINION AND ORDER
[Resolving Doc. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On May 4, 2017, Plaintiff Sandra Reyes filed a complaint seeking judicial review of the
Defendant Commissioner of Social Security’s denial of her minor son’s application for supplemental
security income benefits.1 The Court referred the matter to Magistrate Judge David A. Ruiz.
On June 11, 2018, Magistrate Judge Ruiz issued a Report and Recommendation (“R&R”)
recommending that this Court reverse and remand the Commissioner’s final decision.2 Objections
to that R&R were due by June 25, 2018. The Commissioner stated it will not file objections.3
The Federal Magistrates Act requires a district court to conduct a de novo review only of those
portions of an R&R 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 Where a party does not object to the R&R, a district
court may adopt it without review.6

1

Doc. 1.
Doc. 15.
3
Doc. 16.
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 149–50.
2

Case No. 1:17-cv-943
Gwin, J.
Accordingly, in light of the Commissioner’s decision not to object to the R&R in this case, the
Court ADOPTS Magistrate Judge Ruiz’s R&R, incorporates it as if fully restated herein, and REVERSES
AND REMANDS the Commissioner’s final decision.

IT IS SO ORDERED.
Dated: June 27, 2018

s/

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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