Snyder v. Commissioner of Social Security Administration

Filing 17

Opinion & Order signed by Judge James S. Gwin on 1/30/19. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge, incorporates it fully herein by reference, vacates the Commissioner's final decision and remands the case for proceedings consistent with this opinion. (Related Docs. 1 and 15 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

DAVID SNYDER,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 1:17-cv-2157
OPINION & ORDER
[Resolving Doc. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On October 12, 2017, Plaintiff David Snyder filed a complaint seeking judicial
review of Defendant Commissioner of Social Security’s decision to deny his social security
disability benefits application.1 On December 3, 2018, Magistrate Judge David A. Ruiz
recommended that the Court vacate the Commissioner’s final decision and remand the
case for further proceedings.2
Any objections to Magistrate Judge Ruiz’s Report and Recommendation (“R&R”)
were due by December 17, 2018. Defendant Commissioner stated she will not file
objections.3
The Federal Magistrates Act requires a district court to conduct a de novo review
only of those portions of a R&R to which the parties have made an objection. 4 Absent

1

Doc. 1.
Doc. 15.
3
Doc. 16.
4
28 U.S.C. § 636(b)(1).
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Case No. 1:17-cv-2157
Gwin, J.
objection, a district court may adopt the R&R without review.5 Because no party has
objected to the R&R, this Court may adopt the R&R without further review. Moreover,
having conducted its own review of the record, the Court agrees with the conclusions in
the R&R.
Accordingly, the Court ADOPTS Magistrate Judge Ruiz’s R&R, incorporating it fully
herein by reference, VACATES the Commissioner’s final decision, and REMANDS the case
for proceedings consistent with the opinion.
IT IS SO ORDERED.

s/

Dated: January 30, 2019

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

5
Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the
magistrate judge’s R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).

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