Nagel v. Commissioner of Social Security

N.D. Ohio

Nagel v. Commissioner of Social Security

DecidedApril 12, 2023

Docket3:22-cv-01205

StatusUnknown

This text of Nagel v. Commissioner of Social Security (Nagel v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

KAYLA N. NAGEL, CASE NO. 3:22 CV 1205

Plaintiff,

v. JUDGE JAMES R. KNEPP II

COMMISSIONER OF SOCIAL SECURITY, MEMORANDUM OPINION AND Defendant. ORDER

Plaintiff Kayla N. Nagel seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Carmen E. Henderson for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Henderson recommends this Court affirm the Commissioner’s final decision. (Doc. 12). Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], 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); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). In this case, the fourteen-day time period has passed and no objections have been filed. Despite the lack of objections, the Court has reviewed Judge Henderson’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Henderson’s R&R (Doc. 12) as the Order of this Court and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED.

s/ James R. Knepp II UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

KAYLA N. NAGEL, CASE NO. 3:22 CV 1205

Plaintiff,

v. JUDGE JAMES R. KNEPP II

COMMISSIONER OF SOCIAL SECURITY, MEMORANDUM OPINION AND Defendant. ORDER

Plaintiff Kayla N. Nagel seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Carmen E. Henderson for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Henderson recommends this Court affirm the Commissioner’s final decision. (Doc. 12). Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], 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); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). In this case, the fourteen-day time period has passed and no objections have been filed. Despite the lack of objections, the Court has reviewed Judge Henderson’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Henderson’s R&R (Doc. 12) as the Order of this Court and AFFIRMS the Commissioner’s final decision. IT IS SO ORDERED.

s/ James R. Knepp II UNITED STATES DISTRICT JUDGE

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