Lowe v. Commissioner of Social Security Administration

Filing 13

Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the Report and Recommendation of the Magistrate Judge. ECF No. 12 . The Commissioner's decision denying Plaintiff Supplemental Security Income is affirmed. Judge Benita Y. Pearson on 5/19/2023. (JLG)

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PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION BRANDON CARL LOWE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:22-CV-1126 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 12] On April 18, 2023, the assigned magistrate judge issued a Report and Recommendation suggesting that the Commissioner’s decision denying Plaintiff’s application for Supplemental Security Income (“SSI”) be affirmed. See ECF No. 12. 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). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Absent objections, a district court may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149. In the instant case, objections to the Report and Recommendation were due by May 2, 2023. None of the parties of have filed any objections. Accordingly, the Court adopts the (5:22-CV-1126) Report and Recommendation. ECF No. 12. The Commissioner’s decision denying Plaintiff Supplemental Security Income is affirmed. IT IS SO ORDERED. May 19, 2023 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

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