Waddell v. Commissioner of Social Security

Filing 15

Opinion and Order signed by Judge James S. Gwin on 5/29/18. The Court adopts the Report and Recommendation of the Magistrate Judge, incorporates as if fully restated herein, and affirms the Commissioner's final decision. (Related Docs. 1 and 14 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
----------------------------------------------------------:
:
:
Plaintiff,
:
:
vs.
:
:
COMMISSIONER OF SOCIAL
:
SECURITY,
:
:
Defendant.
:
:
-----------------------------------------------------------MATTHEW W. WADDELL,

CASE NO. 1:17-cv-1078

OPINION AND ORDER
[Resolving Doc. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On May 23, 2017, Plaintiff Matthew W. Waddell filed a complaint seeking judicial review of
the Defendant Commissioner of Social Security’s denial of his application for disability insurance
benefits.1 The Court referred the matter to Magistrate Judge Thomas M. Parker.
On May 10, 2018, Magistrate Judge Parker issued a Report and Recommendation (“R&R”)
recommending that this Court affirm the Commissioner’s final decision.2 Objections to that R&R
were due by May 24, 2018. Plaintiff Waddell filed no objections.
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.3 Failure to timely object waives a
party’s right to appeal the magistrate’s report.4 Where a party does not object to the R&R, a district
court may adopt it without review.5
Accordingly, in light of Plaintiff Waddell’s decision not to object to the R&R in this case, the
Court ADOPTS Magistrate Judge Parker’s R&R, incorporates it as if fully restated herein, and AFFIRMS

1

Doc. 1.
Doc. 14.
3
28 U.S.C. § 636(b)(1)(C).
4
Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
5
See Thomas, 474 U.S. at 149–50.
2

Case No. 1:17-cv-1078
Gwin, J.
the Commissioner’s final decision.

IT IS SO ORDERED.
Dated: May 29, 2018

s/

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

-2-