Denise Kay Boughner v. Commissioner of Social Security

Filing 18

Order Adopting the Report and Recommendation, re 17 . The Court agrees with the Magistrate Judge that the Commissioner's final decisions should be affirmed and dismisses this case. Signed by Judge Dan Aaron Polster on 6/9/2017. (R,Sh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DENISE KAY BOUGHNER,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 4:16-cv-01858-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
AND RECOMMENDATION

Before the Court is the Report and Recommendation of Magistrate Judge Thomas M.
Parker (“R & R”), Doc #. 17, which recommends that the Court affirm the Commissioner’s final
decision. The R & R was filed on May 22, 2017. It is now June 9, and no objections to the R & R
have been filed.
Under the relevant statute,
Within 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. 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). The failure to timely file written objections to a Magistrate Judge’s R & R

constitutes a waiver of the right to obtain a de novo review of the R & R in the district court.
United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140,
149–50 (1985). The failure to file written objections also results in a waiver of the right to
appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985).
Here, the time for objection has passed and no objections have been filed. Nonetheless,
the Court has reviewed the magistrate judge’s thorough R & R. The Court agrees with the
Magistrate Judge that the ALJ did not err in considering and weighing the medical evidence
submitted in this case, determining Boughner’s RFC, or forming hypothetical questions to the
VE. Consequently, the Court agrees with the Magistrate Judge that the Commissioner’s final
decisions should be affirmed.
Accordingly, the Court ADOPTS the R & R, Doc. # 17, in full and DISMISSES the
above-captioned case.
IT IS SO ORDERED.
/s/ Dan A. Polster June 9, 2017
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DENISE KAY BOUGHNER,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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)
)
)
)
)
)
)
)
)

CASE NO. 4:16-cv-01858-DAP
JUDGE DAN AARON POLSTER
JUDGMENT ENTRY

For the reasons stated in the Order Adopting Report and Recommendation filed
contemporaneously with this Judgment Entry, and pursuant to Federal Rule of Civil Procedure
58, it is hereby ORDERED, ADJUDGED, AND DECREED that the above-captioned case is
hereby terminated as final.

/s/ Dan A. Polster June 9, 2017
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE