Milliken v. Social Security
Memorandum Opinion and Order: The Court ADOPTS Judge Grimes's 8 Report and Recommendation as the Order of this Court and AFFIRMS the Commissioner's final decision. Judge James R. Knepp II on 5/19/2023. (B,JL)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
DAVID LEE MILLIKEN,
CASE NO. 3:22 CV 1219
JUDGE JAMES R. KNEPP II
COMMISSIONER OF SOCIAL SECURITY,
MEMORANDUM OPINION AND
Plaintiff David Lee Milliken seeks judicial review of an adverse social security decision
under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge James E. Grimes Jr. for a
Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Grimes
recommends this Court affirm the Commissioner’s final decision. (Doc. 8).
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 fourteen-day time period has passed and no objections have been filed.
Despite the lack of objections, the Court has reviewed Judge Grimes’s R&R and agrees
with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Grimes’s
R&R (Doc. 8) as the Order of this Court and AFFIRMS the Commissioner’s final decision.
IT IS SO ORDERED.
s/ James R. Knepp II
UNITED STATES DISTRICT JUDGE
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