Smead v. Commissioner of Social Security
Order: I adopt the Report and Recommendation in its entirety as the Order of the Court. The findings and conclusions of the Commissioner are affirmed. The Plaintiff's motion for summary judgment (Doc. No. 10) is denied. 15 . Judge Jeffrey J. Helmick on 12/19/2016. (S,AL)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
Case No. 3:15-cv-824
Commissioner of Social Security,
Before me is the Report and Recommendation of Magistrate Judge James R. Knepp, II, filed
on July 15, 2016. Magistrate Judge Knepp recommended affirming the final decision of the
Commissioner of Social Security denying Plaintiff Lorra Smead’s application for a period of
disability, disability insurance benefits, and supplemental security income under the Social Security
Act. (Doc. No. 15). He also recommended denying Plaintiff’s motion for summary judgment.
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, I adopt the Report
and Recommendation (Doc. No. 15) in its entirety as the Order of the Court. The findings and
conclusions of the Commissioner are affirmed. The Plaintiff’s motion for summary judgment (Doc.
No. 10) is denied.
s/ Jeffrey J. Helmick
United States District Judge
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