Viccarone v. Commissioner of Social Security ( 2021 )


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  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SAMANTHA N. VICCARONE, ) CASE NO. 1:20-cv-782 ) ) PLAINTIFF, ) JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION ANDREW SAUL, Commissioner of Social ) Security, ) ) DEFENDANT. ) Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 21.) Under the relevant statute: [. . .] Within fourteen days after being served with a copy, 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)(C). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), affd, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge’s report and recommendation and adopts the same. Accordingly, the decision of the Commissioner is affirmed and this case is dismissed with prejudice. IT IS SO ORDERED. Dated: February 16, 2021 iss a. HONORABLE S LIOI UNITED STATES DISTRICT JUDGE

Document Info

Docket Number: 1:20-cv-00782

Filed Date: 2/16/2021

Precedential Status: Precedential

Modified Date: 6/27/2024