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Patton v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Oct 24, 2013
CASE NO. 1:13CV68 (N.D. Ohio Oct. 24, 2013)

Opinion

CASE NO. 1:13CV68

10-24-2013

SHAWN T. PATTON, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.


JUDGE SARA LIOI


MEMORANDUM OPINION

Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 11.) 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).

The R&R was filed on September 9, 2013. Under Fed.R.Civ.P. 6(d), an additional three days are added when computing service. Therefore, objections were not due until September 26, 2013.

No objections were filed on or before that deadline. 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), aff'd, 474 U.S. 140 (1985), reh'g denied, 474 U.S. 1111 (1986); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. Accordingly, the Court concludes that the Commissioner's decision to terminate plaintiff's disability insurance benefits effective November 1, 2006, was supported by substantial evidence and must be AFFIRMED.

IT IS SO ORDERED.

_______________

HONORABLE SARA LIOI

UNITED STATES DISTRICT JUDGE


Summaries of

Patton v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Oct 24, 2013
CASE NO. 1:13CV68 (N.D. Ohio Oct. 24, 2013)
Case details for

Patton v. Comm'r of Soc. Sec.

Case Details

Full title:SHAWN T. PATTON, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Oct 24, 2013

Citations

CASE NO. 1:13CV68 (N.D. Ohio Oct. 24, 2013)

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