Carr v. Social Security

Filing 17

Opinion and Order signed by Judge James S. Gwin on 5/6/22. The Court ADOPTS Judge Clay's Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation. re 15 Report and Recommendation, 1 Complaint (T,A)

Case: 4:20-cv-02736-JG Doc #: 17 Filed: 05/06/22 1 of 2. PageID #: 1083

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

ADAM CHARLES CARR,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

:
:
:
:
:
:
:
:
:
:
:
:

CASE NO. 4:20-cv-02736
OPINION & ORDER
[Resolving Doc. 15]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Adam Charles Carr seeks judicial review of the Defendant Commissioner of
Social Security final decision denying applications for disability insurance benefits and
supplemental security income. On March 29, 2022, Judge Darrell A. Clay recommended
that the Court vacate the Commissioner’s decision and remand the case for further
consideration.1
Under the Federal Magistrates Act, a district court must conduct a de novo review of
those portions of a Report and Recommendation to which the parties have objected.2
Absent objection, a district court may adopt a Report and Recommendation without
review.3
Here, the Government has declined to file objections,4 so this Court may adopt the
Report and Recommendation without further review. Moreover, having conducted its own

1

Doc. 15.
28 U.S.C. § 636(b)(1).
3
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
4
Doc. 16.
2

Case: 4:20-cv-02736-JG Doc #: 17 Filed: 05/06/22 2 of 2. PageID #: 1084
Case No. 4:20-cv-02736
Gwin, J.
review of the petition and record, the Court agrees with Judge Clay’s determinations.
Accordingly, the Court ADOPTS Judge Clay’s Report and Recommendation,
incorporating it fully herein by reference, VACATES the Commissioner’s final decision, and
REMANDS this case consistent with the Report and Recommendation.
IT IS SO ORDERED.

s/

Dated: May 6, 2022

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

-2-