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)

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

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