Morris v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SANDRA ELLEN MORRIS, ) CASE NO. 4:22-CV-1859 ) ) PLAINTIFF, ) JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION AND ) ORDER OF REMAND COMMISSIONER OF SOCIAL ) SECURITY, ) ) DEFENDANT. ) Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action recommending that defendant’s final decision be vacated and the matter remanded for further administrative proceedings. (Doc. No. 17.) 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, defendant has filed a response advising that he does not oppose remand. (Doc. No. 18.) Moreover, the fourteen-day period has elapsed and no objections have been filed by any party. 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, defendant’s final decision denying plaintiffs applications for Supplemental Security Income, Period of Disability, and Disability Insurance Benefits is vacated and this matter is remanded for further administrative proceedings. IT IS SO ORDERED. Dated: August 21, 2023 Bs we HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT