Nordhausen v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

ERIK D NORDHAUSEN,

Plaintiff, Case No. 1:18-cv-738 v. JUDGE DOUGLAS R. COLE Magistrate Judge Litkovitz COMMISSIONER OF SOCIAL SECURITY,

Defendant. ORDER This cause comes before the Court on the Magistrate Judge’s January 16, 2020 Report and Recommendation (“R&R”) (Doc. 13) recommending this Court reverse and remand the final decision of the Commissioner of Social Security per Plaintiff’s Com- plaint (Doc. 1). The R&R advised the Parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 13, #717). See also Thomas v. Arn, 474 U.S. 140, 149–53 (1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais, 928 F.3d 520, 530–31 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R&R … is forfei- ture, not waiver”) (emphasis original); 28 U.S.C. § 636(b)(1)(C). The time for filing objections has passed and none have been filed. Therefore, the Court ADOPTS the R&R. For the reasons set forth in the R&R, the Court REVERSES and REMANDS the decision of the Commissioner for further proceedings pursuant to Sentence Four of 42 U.S.C. 405(g), and DIRECTS the Clerk to enter judgment accordingly.

SO ORDERED.

February 13, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE