Sullivan v. Commissioner Social Security Administration

Filing 17

Opinion and Order signed by Judge James S. Gwin on 4/9/14. The Court adopts the Report and Recommendation of the Magistrate Judge as to reversal and remand of the Commissioner's decision. (Related Doc. 1 , 15 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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DAVID SULLIVAN,
:
:
Plaintiff,
:
:
v.
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COMMISSIONER OF SOCIAL
:
SECURITY ADMINISTRATION,
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Defendant.
:
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CASE NO. 5:13-CV-701

OPINION & ORDER
[Resolving Doc. No. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On April 1, 2013, Plaintiff David Sullivan filed a complaint seeking judicial review of
Defendant Commissioner of Social Security’s decision to deny him supplemental security income.1/
Under Local Rule 72.2, the Court referred the petition to Magistrate Judge Kathleen B. Burke for
a Report and Recommendation. On March 24, 2014, Magistrate Judge Burke issued a report
recommending this Court reverse and remand the Commissioner’s decision.2/ The Court ADOPTS
the Magistrate Judge’s Report and Recommendation and REVERSES AND REMANDS the
Commissioner’s decision.
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.3/

1/
2/
3/

Doc. 1.
Doc. 15.
28 U.S.C. § 636(b)(1).

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Case No. 5:13-CV-701
Gwin, J.
Parties must file any objections to a Report and Recommendation within fourteen days of service.4/
Failure to object within that time waives a party’s right to appeal the magistrate judge’s
recommendation.5/ Absent objection, a district court may adopt the magistrate judge’s report without
review.6/
In this case, neither party objected to the Magistrate Judge’s recommendation.7/ Accordingly,
the Court ADOPTS in whole Magistrate Judge Burke’s Report and Recommendation and
incorporates it fully herein by reference.

The Court REVERSES AND REMANDS the

Commissioner’s decision.
IT IS SO ORDERED.

Dated: April 9, 2014

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

4/

Fed. R. Civ. P. 72(a).

5/

Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.

6/

Thomas, 474 U.S. at 149.
Defendant has filed a response indicating it will not object. Doc. 16.

1981).
7/

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