Woodall v. Commissioner of Social Security Administration

Filing 15

Opinion & Order signed by Judge James S. Gwin on 6/26/18. 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 affirms the Commissioner's denial of benefits. (Related Docs. 1 and 14 ) (D,MA)

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

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CASE NO. 1:17-cv-1289

OPINION & ORDER
[Resolving Doc. 1]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On June 20, 2017, Plaintiff Lavelle Woodall filed a complaint seeking judicial review of
Defendant Commissioner of Social Security’s decision to deny his application for a period of
disability, disability insurance benefits, and supplemental security income.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 affirm the Commissioner’s final decision.2 Objections to that R&R
were due by June 25, 2018. Plaintiff Woodall 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. 14 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-1289
Gwin, J.
Accordingly, in light of Plaintiff Woodall’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
AFFIRMS the Commissioner’s denial of benefits.

IT IS SO ORDERED.

Dated: June 26, 2018

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

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