Opinion
CASE NO. 1:18-cv-39
01-31-2019
JENNIFER R. BRITTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER
[Resolving Doc. 1] :
On January 5, 2018, Plaintiff Jennifer Britton filed a complaint seeking judicial review of Defendant Social Security Commissioner's decision to deny her Period of Disability, Disability Insurance Benefits, and Supplemental Security Income applications. On December 17, 2018, Magistrate Judge David A. Ruiz recommended that the Court affirm the Commissioner's final decision.
Doc. 1. Plaintiff and Defendant file merits briefs. Docs. 12, 13. Plaintiff replies to Defendant's brief. Doc. 14.
Doc. 15.
Any objections to Magistrate Judge Ruiz's Report and Recommendation ("R&R") were originally due by December 31, 2018, but extended to January 30, 2019 due to the government shutdown. Plaintiff Britton stated she will not file objections.
Doc. 16.
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 objected. Absent objection, a district court may adopt the R&R without review. Because no party has objected to the R&R, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the record, the Court agrees with the conclusions in the R&R.
Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Failure to timely object may waive a party's right to appeal the district court's order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). --------
Accordingly, the Court ADOPTS Magistrate Judge Ruiz's R&R, incorporating it fully herein by reference, and AFFIRMS the Commissioner's final decision.
IT IS SO ORDERED. Dated: January 31, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE