Stonestreet v. Commissioner of Social Security Administration ( 2022 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : ANGELA M. STONESTREET, : CASE NO. 5:20-cv-01646 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Stonestreet seeks judicial review of the Social Security Administration Commissioner’s final decision denying Plaintiff’s application for disability insurance benefits and supplemental security income.1 On October 6, 2021, Magistrate Judge Darrell A. Clay issued a Report and Recommendation (“R&R”) recommending that the Court reverse the Commissioner’s final decision denying Plaintiff Stonestreet’s application and remand the case for further proceedings.2 Defendant did not file objections to the R&R. The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.3 Absent objection, district courts may adopt an R&R without review.4 Defendant did not object to the R&R, and this Court may adopt Magistrate Judge Clay’s R&R without further review. 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 13; 15. Plaintiff filed a reply. Doc. 16. 2 Doc. 17. 3 28 U.S.C. § 636(b)(1). 4 , 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 Clay’s R&R, REVERSES the Commissioner’s final decision, and REMANDS the case for further proceedings. IT IS SO ORDERED. Dated: January 14, 2022 JAMES S. GWIN UNITED STATES DISTRICT JUDGE