Berrios v. Commissioner of Social Security

Filing 13

Memorandum Opinion. The Court has reviewed the Magistrate Judge's 12 report and recommendation and adopts the same. Accordingly, the Commissioner's decision is AFFIRMED. Judge Sara Lioi on 2/5/2024. (V,A)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ANDY BERRIOS, PLAINTIFF, vs. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:23-cv-230 JUDGE SARA LIOI MEMORANDUM OPINION Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. 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). The Court has reviewed the Magistrate Judge’s report and recommendation and adopts the same. Accordingly, the Commissioner’s decision is AFFIRMED. IT IS SO ORDERED. Dated: February 5, 2024 HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?