Thurman v. Commissioner of Social Security

Filing 22

MEMORANDUM OPINION AND JUDGMENT Adopting Report and Recommendation. Decision of the Commissoner vacated and case is remanded for further proceedings consistent with Report and Recommendation. Judge David A. Katz on 5/21/14. (G,C)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
TRACI M. THURMAN,
Case No. 3:13 CV 1567
Plaintiff,
-vs-

MEMORANDUM OPINION
AND JUDGMENT

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
KATZ, J.
Before the Court is the Report and Recommendation of the Magistrate Judge filed May 6, 2014 in
the above-entitled action. Defendant Commissioner of Social Security filed a notice indicating no objections
would be filed. 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) (2002). 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) affirmed, 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 that
Report and Recommendation in its entirety.

The decision of the Commissoner is vacated and the case is

remanded for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
S/ David A. Katz
DAVID A. KATZ
U. S. DISTRICT JUDGE