Haney v. Commissioner of Social Security Administration ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : JOSEPH HANEY, : CASE NO. 5:22-CV--651 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 13] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Joseph Haney seeks judicial review of the Social Security Administration Commissioner’s final decision denying his application for Disability Insurance Benefits (“DIB”).1 On June 16, 2023, Magistrate Judge Thomas M. Parker issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner’s final decision.2 On June 28, 2023, Defendant filed a response to the R&R saying that the Commissioner would not file objections.3 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 Defendant did not object to the R&R, and this Court may adopt 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 9 and 11. Plaintiff filed a reply. Doc. 12. 2 Doc. 13. 3 Doc. 14. 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 Magistrate Judge Parker’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Parker’s R&R, and VACATES and REMANDS the Commissioner’s final decision. IT IS SO ORDERED. Dated: September 11, 2023 JAMES S. GWIN UNITED STATES DISTRICT JUDGE