Fuller v. Commissioner of Social Security

Filing 15

Memorandum Opinion and Order: The Court ADOPTS the 13 Report and Recommendation as the Order of this Court. The Court REVERSES the Commissioner's final decision and REMANDS the case for further proceedings. Judge James R. Knepp II on 1/17/2023. (B,JL)

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Case: 3:22-cv-00197-JRK Doc #: 15 Filed: 01/17/23 1 of 2. PageID #: 1262 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION BRADLEY D. FULLER, CASE NO. 3:22 CV 197 Plaintiff, v. JUDGE JAMES R. KNEPP II COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER Plaintiff Bradley D. Fuller seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Darrell A. Clay for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Clay recommends this Court reverse the Commissioner’s final decision and remand this case for further proceedings. (Doc. 13). Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], 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); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). In this case, the Commissioner filed a response indicating she would not be filing objections to the R&R. (Doc. 14). Case: 3:22-cv-00197-JRK Doc #: 15 Filed: 01/17/23 2 of 2. PageID #: 1263 Despite the lack of objections, the Court has reviewed Judge Clay’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Clay’s R&R (Doc. 13) as the Order of this Court. The Court REVERSES the Commissioner’s final decision and REMANDS the case for further proceedings. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2    

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