Owens v. Commissioner of Social Security Administration

Filing 16

Memorandum of Opinion and Order: This Court, having reviewed the R&R and finding no clear error, hereby ACCEPTS the Magistrate Judge's R&R. In accordance with that recommendation, defendant's motion for remand is GRANTED. (Doc. 10 .) The decision of the Commissioner is VACATED and REMANDED with instructions that an administrative law judge offer the claimant an opportunity for a new hearing and issue a new decision. Judge Patricia A. Gaughan on 3/27/24. (LC,S) re 14

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISON

Lenard Owens,
Plaintiff,
vs.
Commissioner of Social Security,

Defendant.

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CASE NO. 4:23 CV 1288
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

INTRODUCTION
This matter is before the Court on the Report and Recommendation (“R&R”) of Magistrate
Judge James E. Grimes Jr. (Doc. 14), recommending that the Court grant defendant’s motion to
remand with instructions that an administrative law judge offer the claimant an opportunity for a new
hearing and issue a new decision. No objections have been filed. For the reasons that follow, the R&R
is ACCEPTED, and the decision of the Commissioner is VACATED and REMANDED.
STANDARD OF REVIEW
When objections are made to a Magistrate Judge’s Report and Recommendation, the district
court reviews the case de novo. Federal Rule of Civil Procedure 72(b)(3) provides that: “The district
judge must determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.” As stated in the Advisory Committee Notes, “When no timely objection is filed, the

court need only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” In Thomas v. Arn, 474 U.S. 140, 150 (1985), the Court held that “[i]t does not
appear that Congress intended to require district court review of a magistrate judge’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those findings.”
DECISION
This Court, having reviewed the R&R and finding no clear error, hereby ACCEPTS the
Magistrate Judge’s R&R. In accordance with that recommendation, defendant’s motion for remand
is GRANTED. (Doc. 10.) The decision of the Commissioner is VACATED and REMANDED with
instructions that an administrative law judge offer the claimant an opportunity for a new hearing and
issue a new decision.
IT IS SO ORDERED.

Dated: 3/27/24

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge

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