Rodriguez v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: LUIS D. RODRIGUEZ, : CASE NO. 1:19-cv-00746 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Luis Rodriguez seeks judicial review of the Social Security Administration Commissioner’s final decision denying his application for Disability Insurance Benefits (“DIB”).1 On August 12, 2020, Magistrate Judge Kathleen B. Burke issued a Report and Recommendation (“R&R”) recommending that the Court reverse and remand the Commissioner’s final decision.2 On August 21, 2020, Defendant filed a response to the R&R saying that he would not file objections.3 The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R without review.5 Defendant did not object to the R&R, and this Court may adopt

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 17 and 20. Plaintiff filed a reply. Doc. 22. 2 Doc. 23. 3 Doc. 24. 4 28 U.S.C. § 636(b)(1). 5 , 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the Magistrate Judge Burke’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Burke’s R&R, and REVERSES and REMANDS the Commissioner’s final decision. IT IS SO ORDERED.

Dated: December 10, 2020 JAMES S. GWIN UNITED STATES DISTRICT JUDGE