Roman v. Commissioner of Social Security

Filing 18

Order This Court adopts the R&R(re 17 ) in its entirety. Plaintiffs claim is dismissed. Judge Jack Zouhary on 6/5/12. (C,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
José A. Roman,

Case No. 3:11 CV 2096
Plaintiff,

-vs-

ORDER
JUDGE JACK ZOUHARY

Commissioner of Social
Security Administration,
Defendant.

This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
(Doc. 17) who recommends this Court dismiss Plaintiff’s challenge to the finding that he was not
disabled under the Social Security Act. Under the relevant statute, 28 U.S.C. § 636(b)(1):
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.
The failure to file objections within the time frame set forth in the statute constitutes a waiver of de
novo review by the district court. See United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005);
Thomas v. Arn, 474 U.S. 140 (1985).
The deadline for filing objections, June 1, 2012, has passed. No objections have been filed.
This failure to file objections mirrors the failure to submit briefs and meet deadlines in the underlying
action, and resulted in the recommended dismissal pursuant to Federal Civil Rule 41(b).

The R&R accurately states the facts and applies the correct legal standard. This Court adopts
the R&R in its entirety. Plaintiff’s claim is dismissed.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
June 5, 2012

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