Lanken v. Commissioner of Social Security Administration

Filing 17

Memorandum of Opinion and Order Defendant has not filed an objection and has indicated he will not file an objection. The Court finds that the magistrate judge's Report and Recommendation is supported by the record, and agrees with the recommendation reversing and remanding the case. Accordingly, the Court reverses and remands the case for proceedings consistent with the Report (ECF No. 14 ). Judge Benita Y. Pearson on 11/29/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
KARIA L. LANKEN,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 5:11cv2607

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 14]

On October 31, 2012, Magistrate Judge James R. Knepp, II issued a report and
recommending (“Report and Recommendation” or “R&R”) that the case be reversed and
remanded for proceedings consistent with the R&R. ECF No. 14. On November 14, 2012,
Defendant filed a Motion for an extension of time to file objections (ECF No. 15), which the
Court granted on November 15, 2012. On November 28, 2012, Defendant filed a Response to
the R&R notifying the Court that he would not be filing objections. ECF No. 16.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a report and recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Any further review by the Court would be a duplicative and inefficient
use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, Thomas
v. Arn, 474 U.S. 140, 145 (1985); Howard v. Sec’y of Health and Human Servs, 932 F.2d 505
(6th Cir. 1991); U.S. v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Parties must file
objections to a report and recommendation within fourteen days of service. Id.; Fed. R. Civ. Pro.
72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s

(5:11cv2607)
judgment. Thomas, 474 U.S. at 145. Absent objection, a district court may adopt a magistrate
judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Defendant has not filed an objection and has indicated he will not file
an objection. The Court finds that the magistrate judge’s Report and Recommendation is
supported by the record, and agrees with the recommendation reversing and remanding the case.
Accordingly, the Court reverses and remands the case for proceedings consistent with the Report
(ECF No. 14).

IT IS SO ORDERED.

November 29, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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