Talty v. Commissioner of Social Security

Filing 16

Memorandum Opinion. The Court has reviewed the magistrate judge's 14 report and recommendation and adopts the same. Accordingly, the decision of the Commissioner of Social Security is VACATED, and the matter is REMANDED for further proceedings consistent with the report and recommendation. Judge Sara Lioi on 11/13/2023. (V,A)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

RYAN W. TALTY,

PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 1:22-cv-2343

JUDGE SARA LIOI

MEMORANDUM OPINION

Before the Court is the report and recommendation of the magistrate judge in the
above-entitled action, which was entered on October 26, 2022. (Doc. No. 14.) 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). On November 2, 2023, defendant Commissioner of Social Security
advised this Court that she would not be filing any objections to the magistrate judge’s report
and recommendation. (Doc. No. 15.) The fourteen-day period for filing objections has now
passed and plaintiff did not file any objections either. The failure to file written objections to
a magistrate judge’s report and recommendation constitutes a forfeiture of a de novo
determination by the district court of an issue covered in the report. Berkshire v. Dahl, 928
F.3d 520, 530 (6th Cir. 2019).

The Court has reviewed the magistrate judge’s report and recommendation and
adopts the same. Accordingly, the decision of the Commissioner of Social Security is
VACATED, and the matter is REMANDED for further proceedings consistent with the
report and recommendation.
IT IS SO ORDERED.

Dated: November 13, 2023
HONORABLE SARA LIOI
CHIEF JUDGE
UNITED STATES DISTRICT COURT

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