Padilla v. Commissioner of Social Security

Filing 12

Order: For the reasons stated herein, the Court ADOPTS the Report and Recommendation (Doc. 11 ), and AFFIRMS the final decision of the Commissioner of Social Security denying Plaintiff's application for supplemental security income and disability insurance benefits/child disability benefits. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 1/3/25. (T,A)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ERICK L. PADILLA,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 5:24-CV-484
JUDGE BRIDGET MEEHAN BRENNAN

ORDER

Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge
Jennifer Dowdell Armstrong recommending that the decision of the Commissioner of Social
Security (“Commissioner”) denying the application of Plaintiff Erick Padilla (“Plaintiff”) for
supplemental security income and disability insurance benefits/child disability benefits be
affirmed. (Doc. 11.)
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) (flush language).
The R&R was issued on December 13, 2024. (Doc. 11.) Plaintiff is represented by
counsel. (Doc. 1 at 2.) No objection to the R&R has been filed, and the deadline for doing so
has passed. The failure to timely file written objections to a report and recommendation of a
magistrate judge constitutes a waiver of de novo review by the district court. United States v.

Walters, 638 F.2d 947, 949–50 (6th Cir. 1981); Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984),
aff’d, 474 U.S. 140 (1985). The failure to file written objections also results in a waiver of the
right to appeal. Thomas, 728 F.2d at 815.
The Court has reviewed the R&R and adopts the same. Accordingly, the final decision of
the Commissioner of Social Security denying Plaintiff’s application for supplemental security
income and disability insurance benefits/child disability benefits is AFFIRMED. The case is
dismissed.

IT IS SO ORDERED.

Date: January 3, 2025

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BRIDGET MEEHAN BRENNAN
UNITED STATES DISTRICT JUDGE

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