Swedren v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

LISA M. SWEDREN, ) CASE NO. 5:24-CV-00796 ) Plaintiff, ) JUDGE CHARLES ESQUE FLEMING ) vs. ) MAGISTRATE JUDGE JAMES E. ) GRIMES, JR. COMMISSIONER OF SOCIAL ) SECURITY, ) OPINION AND ORDER ADOPTING ) MAGISTRATE’S REPORT AND Defendants. ) RECOMMENDATION

On May 3, 2024, Plaintiff Lisa M. Swedren filed a Complaint seeking judicial review of Defendant Commissioner of Social Security’s decision to deny her application for a period of disability and Supplemental Security Income. (ECF No. 1). On December 3, 2024, Magistrate Judge James E. Grimes, Jr. issued a Report and Recommendation (“R&R”) recommending that the Court VACATE the Commissioner’s decision and REMAND these proceedings consistent with the R&R. (ECF No. 11). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a R&R within fourteen (14) days after service. As of the date of this Order, 14 days have passed and Plaintiff has not objected to the R&R. In its December 10, 2024 filing, Commissioner indicated that she does not object to the R&R. (ECF No. 12). Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the Report and Recommendation to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, the Court ADOPTS Magistrate Judge Grimes’s R&R, incorporating it fully herein by reference, WACATES the Commissioner’s final decision, and remands these proceedings consistent with the R&R. IT IS SO ORDERED. Date: January 6, 2025 ads Huse CHARLES E.FLEMING ————™ U.S. DISTRICT COURT JUDGE