Taylor v. Commissioner Social Security Administration

Filing 16

Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. (Doc. No. 15 .) Accordingly, the Court concludes that the Acting Commissioner's decision to deny plaintiff's applications for Disability Insurance Benefits and Supplemental Security Income was supported by substantial evidence and must be affirmed. This case is dismissed with prejudice. Judge Sara Lioi on 1/23/2018. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

FREDERICK E. TAYLOR,
PLAINTIFF,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
DEFENDANT.

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CASE NO. 1:17-cv-0073
JUDGE SARA LIOI
MEMORANDUM OPINION

Before the Court is the report and recommendation (“R&R”) 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).
The R&R was filed on January 4, 2018. Under Fed.R.Civ.P. 6(d), an additional three days
are added when computing service. Therefore, objections were not due until January 21, 2018,
which fell on a Sunday. Under Rule 6(a)(1)(C), that extended the filing deadline to the next
business day, January 22, 2018.
No objections were filed on or before that deadline. 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), reh’g denied, 474 U.S. 1111 (1986); see United States v. Walters, 638
F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge’s report and recommendation and accepts
the same. Accordingly, the Court concludes that the Acting Commissioner’s decision to deny
plaintiff’s applications for Disability Insurance Benefits and Supplemental Security Income was
supported by substantial evidence and must be AFFIRMED. This case is dismissed with
prejudice.

IT IS SO ORDERED.
Dated: January 23, 2018
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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