Roberts v. Commissioner of Social Security

Filing 16

Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation and adopts the same. Accordingly, the report is adopted, the decision of defendant Commissioner denying plaintiff's application for supplemental security income is affirmed, and this case is closed. (Related Doc. No. 15 ). Judge Sara Lioi on 11/14/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

KENDALL ROBERTS,

PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 4:16-cv-2533

JUDGE SARA LIOI

MEMORANDUM OPINION

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. (Doc. No. 15.) 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)(C). In this case, the fourteen-day period has elapsed and no
objections have been filed. The failure to file written objections to a Magistrate Judge=s
report and recommendation constitutes a waiver of a de novo determination by the district
court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d,
474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge=s report and recommendation and
adopts the same. Accordingly, the report is adopted, the decision of defendant

Commissioner denying plaintiff’s application for supplemental security income is affirmed,
and this case is closed.1
IT IS SO ORDERED.

Dated: November 14, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

In so ruling, the Court construes plaintiff’s filing styled “Motion for Summary Judgment” (Doc. No. 10) as a
brief on the merits inasmuch as this case is before the Court as an appeal from the Commissioner’s final
order. See Local Rule 16.3.1 (“A civil action brought to review a decision of the Commissioner of Social
Security, pursuant to 42 U.S.C. § 405(g), shall be adjudicated as an appeal pursuant to this rule.”
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