Williams v. Commissioner of Social Security

Filing 14

Order: I adopt the Report and Recommendation, (Doc. No. 13), in its entirety as the Order of the Court, and affirm the Commissioner's decision. As the failure to file objections to a magistrate judge's Report and Recommendation also waives appellate review, Smith, 829 F.2d at 1373, I decline to issue a certificate of appealability. re 13 Judge Jeffrey J. Helmick on 3/28/2019. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Tracie-Ann Williams,

Case No. 3:17-cv-2524
Plaintiff,

v.

ORDER

Commissioner of Social Security,
Defendant.
Before me is the September 18, 2018 Report and Recommendation of Magistrate Judge
Jonathan D. Greenberg, recommending I affirm the decision of the Commissioner of Social Security
denying the application of pro se Plaintiff Tracie-Ann Williams for Disability Insurance Benefits.
(Doc. No. 13).
Under federal law, “[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. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
The Clerk of Court mailed a copy of the Report and Recommendation to Williams on October 15,
2018. The fourteen-day period elapsed on November 4, 2018, see Fed. R. Civ. P. 6(a)(1) and (d), 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 and
Recommendation. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also

Walters, 638 F.2d at 950 (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. 13), in its entirety as the Order of the Court, and affirm the
Commissioner’s decision. As the failure to file objections to a magistrate judge’s Report and
Recommendation also waives appellate review, Smith, 829 F.2d at 1373, I decline to issue a certificate
of appealability.
So Ordered.

s/ Jeffrey J. Helmick
United States District Judge

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