Henkel v. Commissioner of Social Security Administration

Filing 17

Opinion & Order signed by Judge James S. Gwin on 4/29/18. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge and affirms the Commissioner's denial of benefits. (Related Docs. 1 and 16 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------LINDA HENKEL,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:17-cv-1202

OPINION AND ORDER
[Resolving Doc. 1]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On June 8, 2017, Plaintiff Linda Henkel filed a complaint seeking judicial review of
Defendant Commissioner of Social Security’s decision to deny her applications for period of
disability and disability benefits.1 The Court referred the matter to Magistrate Judge Jonathan D.
Greenberg.
On April 10, 2018, Magistrate Judge Greenberg 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 April 24, 2018. Plaintiff Henkel 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 Judge’s R&R. 4 So, where a party does not object
to the R&R, a district court may adopt it without review.5

1

Doc. 1; Doc. 16 at 1.
Id.
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-1202
Gwin, J.
Accordingly, in light of Plaintiff Henkel’s decision not to object to the R&R in this case,
the Court ADOPTS Magistrate Judge Greenberg’s R&R, incorporates it as if fully restated herein,
and AFFIRMS the Commissioner’s denial of benefits.

IT IS SO ORDERED.

Dated: April 29, 2018

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

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