Barnett v. Commissioner of Social Security ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION KAYLA L. BARNETT, CASE NO. 3:20 CV 550 Plaintiff, JUDGE JAMES R. KNEPP II v. COMMISSIONER OF SOCIAL SECURITY, MEMORANDUM OPINION AND Defendant. ORDER Plaintiff Kayla L. Barnett seeks judicial review of an adverse social security decision under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge Johnathan D. Greenberg for a Report and Recommendation (“R&R”) under Local Civil Rule 72.2(b)(2). Judge Greenberg recommends this Court vacate the Commissioner’s final decision and remand this case for further proceedings. (Doc. 18). 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 Commissioner filed a response indicating he would not be filing objections to the R&R. (Doc. 19). Despite the lack of objections, the Court has reviewed Judge Greenberg’s R&R, and agrees with the findings and recommendation therein. Therefore, the Court ADOPTS Judge Greenberg’s R&R (Doc. 18) as the Order of this Court. The Court VACATES the Commissioner’s final decision and REMANDS the case for further proceedings. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2