Opinion
CASE NO. 1:17-cv-233
12-22-2017
ROBERT SUTTON, Plaintiff, v. COMMISSIONER SOCIAL SECURITY, Defendant.
OPINION AND ORDER
[Resolving Doc. 1] :
On February 5, 2017, Plaintiff Robert Sutton filed a complaint seeking judicial review of the Defendant Commissioner of Social Security's decision to deny his applications for a period of disability, Disability Insurance Benefits, and Supplemental Security Income. The Court referred the matter to Magistrate Judge Jonathan D. Greenberg.
Doc. 1.
On December 8, 2017, Magistrate Judge Greenberg issued a Report and Recommendation ("R&R") recommending that this Court vacate the Commissioner's final decision and remand the case for further proceedings. On December 15, the Commissioner notified the Court that it does not intend to object to the R&R.
Doc. 14.
Doc. 15.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection. Failure to timely object waives a party's right to appeal the magistrate's report. So, where a party does not object to the R&R, a district court may adopt it without review.
Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas, 474 U.S. at 149-50. --------
Accordingly, in light of the Commissioner's decision not to object to the R&R in this case, the Court ADOPTS Magistrate Judge Greenberg's R&R, incorporates it as if fully restated herein, VACATES the Commissioner's final decision, and REMANDS the case for further proceedings consistent with Magistrate Judge Greenberg's R&R.
IT IS SO ORDERED. Dated: December 22, 2017
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE