Wieas v. Commissioner of Social Security

Filing 22

Order and Judgment Entry: Following review of the Magistrate Judge's Report and Recommendation, the Court adopts the Report and Recommendation (Doc. No. 19) in its entirety as the Order of the Court. The ALJ's decision that Plaintiff was not under a disability is supported by substantial evidence. The decision of the Commissioner is affirmed and Plaintiffs case is dismissed with prejudice. 19 . Judge Jeffrey J. Helmick on 8/26/2014. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Shawn M. Wieas,

Case No. 3:13 cv 1571
Plaintiff

v.

ORDER AND
JUDGMENT ENTRY

Commissioner of Social Security,
Defendant

Before the Court is the Report and Recommendation of the Magistrate Judge, filed on July
16, 2014 (Doc. No. 19), in the above-entitled action. Under the relevant statute:
Within fourteen (14) days after being served a copy of these proposed Findings and
Recommendation, any party who wishes to object must file and serve
written objections or further appeal is waived.
United States v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citing Thomas v. Arn, 728 F.2d 813 (6th
Cir. 1984), aff’d 474 U.S. 140 (1985)) ; see also 28 U.S.C.A. § 636(b)(1). In this case, the fourteen day
period has elapsed and despite being given additional time to file objections (Doc. No. 21), Plaintiff
failed to file objections by August 19, 2014.
The failure to file written objections to a magistrate judge’s report and recommendation
constitutes a waiver of a determination by the district court of an issue covered in the report. United
States v. Droganes, 728 F.3d 580, 586 (6th Cir. 2013) (citations omitted).
Following review of the Magistrate Judge’s Report and Recommendation, the Court adopts
the Report and Recommendation (Doc. No. 19) in its entirety as the Order of the Court. The ALJ’s

decision that Plaintiff was not under a disability is supported by substantial evidence. Accordingly,
the decision of the Commissioner is affirmed and Plaintiff’s case is dismissed with prejudice.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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