Bryant v. Commissioner of Social Security

Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TAYLOR R. BRYANT, ) ) CASE NO. 1:24-CV-926 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) MEMORANDUM OF OPINION AND ) ORDER Defendant. ) [Regarding ECF No. 12]

On May 5, 2025, the assigned magistrate judge issued a Report and Recommendation suggesting that the Court vacate and remand the Commissioner’s decision denying Plaintiff’s applications for Supplemental Security Income (“SSI”) pursuant to 42 U.S.C. § 405(g) sentence four. See R. & R. (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 19, 2025. None of the parties have filed any objections.1 Accordingly, the Court adopts the Report and Recommendation. ECF No. 12. The Commissioner’s decision denying Plaintiff SSI is vacated and remanded pursuant to 42 U.S.C. § 405(g) sentence four.

IT IS SO ORDERED.

May 21, 2025 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

1 The Commissioner of Social Security responded to the R & R, declaring that no objection would be filed. See Def.’s Response to Magistrate Judge’s R & R (ECF No. 13). 2