Stevens v. Commissioner of Social Security

Filing 19

ORDER adopting Report and Recommendations re 18 Report and Recommendations.. Signed by Judge James L. Graham on 1/26/2018. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Gerald D. Stevens,
Plaintiff,
v.

Case No. 2:17-cv-379

Commissioner of
Social Security,
Defendant.

ORDER
This matter is before the court for consideration of the
January 11, 2018, report and recommendation of the United States
magistrate judge to whom this case was referred pursuant to 28
U.S.C.

§636(b).

The

magistrate

judge

recommended

that

the

plaintiff’s first assignment of error be dismissed as unexhausted,
and that plaintiff’s second assignment of error be denied.
The report and recommendation specifically advised the parties
that failure to object to the report and recommendation within
fourteen days of the report “will result in a waiver of the right
to have the district judge review the Report and Recommendation de
novo” and that it “also operates as a waiver of the right to appeal
the

decision

of

Recommendation.”

the

District

Court

Doc. 18, pp. 9-10.

adopting

the

Report

and

The time period for filing

objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.
The

court

adopts

the

magistrate judge (Doc. 18).

report

and

recommendation

of

the

Plaintiff’s first assignment of error

is dismissed as unexhausted.

Plaintiff’s second assignment of

error is denied.

The decision of the Commissioner is affirmed.

The clerk shall enter judgment in favor of the Commissioner.
Date: January 26, 2018

s/James L. Graham
James L. Graham
United States District Judge

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