Viccarone v. Commissioner of Social Security

Filing 22

Memorandum Opinion The Court has reviewed the Magistrate Judge's report and recommendation (Doc. No. 21 ) and adopts the same. Accordingly, the decision of the Commissioner is affirmed and this case is dismissed with prejudice. Judge Sara Lioi on 2/16/2021. (E,CK)

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Case: 1:20-cv-00782-SL Doc #: 22 Filed: 02/16/21 1 of 2. PageID #: 611 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SAMANTHA N. VICCARONE, PLAINTIFF, vs. ANDREW SAUL, Commissioner of Social Security, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:20-cv-782 JUDGE SARA LIOI MEMORANDUM OPINION Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 21.) Under the relevant statute: [. . .] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. ' 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case: 1:20-cv-00782-SL Doc #: 22 Filed: 02/16/21 2 of 2. PageID #: 612 The Court has reviewed the Magistrate Judge=s report and recommendation and adopts the same. Accordingly, the decision of the Commissioner is affirmed and this case is dismissed with prejudice. IT IS SO ORDERED. Dated: February 16, 2021 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE 2

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