Hammerly v. Commissioner of Social Security ( 2024 )


Menu:
  • UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : MICHAEL S. HAMMERLY, : CASE NO. 5:23-cv-01211 : Plaintiff, : OPINION & ORDER : [Resolving Docs. 1, 11] vs. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Michael Hammerly seeks judicial review of the Social Security Commissioner’s final decision denying his application for Supplemental Security Income.1 On May 28, 2024, Magistrate Judge Knapp issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner’s final decision.2 The Commissioner’s objections were due on June 11, 2024.3 The Commissioner did not file objections. 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 The Commissioner did not object to the R&R, so this Court may adopt Magistrate Judge Knapp’s R&R without further review. 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 8, 9. Plaintiff filed a reply. Doc. 10. 2 Doc. 11. 3 Parties have fourteen days to file objections to a Magistrate Judge’s R&R. LR 72.3(b). 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 Accordingly, the Court ADOPTS Magistrate Judge Knapp’s R&R, VACATES the Commissioner’s final decision, and REMANDS this case for further proceedings consistent with this Order and Magistrate Judge Knapp’s R&R. IT IS SO ORDERED. Dated: June 18, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Document Info

Docket Number: 5:23-cv-01211

Filed Date: 6/18/2024

Precedential Status: Precedential

Modified Date: 6/27/2024