Patino v. Commissioner of Social Security

Filing 20

Order: the Court adopts the Report and Recommendation in its entirety as the Order of the Court. The Commissioner's decision is reversed and the case is remanded to the Commissioner for further proceedings. Judge Jeffrey J. Helmick on 9/16/2015. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Mary E. Patino,

Case No. 3:14-cv-01749
Plaintiff

v.

ORDER

Commissioner of Social Security,
Defendant
Before me is the Report and Recommendation of Magistrate Judge James R. Knepp, filed
on July 27, 2015, recommending I reverse the Commissioner of Social Security’s decision denying
Plaintiff Mary Patino’s application for Disability Insurance Benefits and Supplemental Security
Income based on the Administrative Law Judge’s (“ALJ”) treating-physician analysis while affirming
the ALJ’s Step Three and witness-credibility determinations. (Doc. No. 19). Under the relevant
statute, “[w]ithin 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.” 28
U.S.C. § 636(b)(1); United States v. Campbell, 261 F.3d 628 (6th Cir. 2001). In this case, the fourteen
day period has elapsed and no objections have been filed.
The failure to file written objections to the Magistrate Judge’s report and recommendation
constitutes a waiver of a 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 also United States v. Walters,
638 F.2d 947 (6th Cir. 1981); Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir.
1987) (“only those specific objections to the magistrate’s report made to the district court will be
preserved for appellate review”).

Following review of the Magistrate Judge’s Report and Recommendation, the Court adopts
the Report and Recommendation in its entirety as the Order of the Court. The Commissioner’s
decision is reversed and the case is remanded to the Commissioner for further proceedings.
So Ordered.

s/ Jeffrey J. Helmick
United States District Judge

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