Milliken v. Social Security

Filing 9

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION DAVID LEE MILLIKEN, CASE NO. 3:22 CV 1219 Plaintiff, v. JUDGE JAMES R. KNEPP II COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER 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 2    

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