Opinion
Case No. 1:19-cv-905
07-10-2020
CHRISTINE L. BRANDON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Litkovitz ORDER
This action is before the Court on the Magistrate Judge's Report and Recommendation ("R&R") that recommends the parties' Joint Motion to Remand (Doc. 16) be granted and that this case be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) ("The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing."). (See R&R, Doc. 17, #951). The R&R was filed on April 22, 2020, and the time to file objections has passed.
The R&R advised the parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, including the right to District Court review (see R&R at #952). See Thomas v. Arn, 474 U.S. 140, 149-53 (1985) ("There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate's report to which no objections are filed."); Berkshire v. Beauvais, 928 F.3d 520, 530-31 (6th Cir. 2019) (noting "fail[ure] to file an objection to the magistrate judge's R&R ... is forfeiture, not waiver") (emphasis original); 28 U.S.C. § 636(b)(1)(C). The time for objections has passed and none have been filed.
Therefore, the Court ADOPTS the Report and Recommendation (Doc. 19), GRANTS the Joint Motion (Doc. 16), and REMANDS this case to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). The Court further DIRECTS the Clerk to enter judgment accordingly.
SO ORDERED. July 10, 2020
DATE
/s/ _________
DOUGLAS R. COLE
UNITED STATES DISTRICT JUDGE