Opinion
5:23-cv-01211
06-18-2024
MICHAEL S. HAMMERLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION & ORDER [RESOLVING DOCS. 1, 11]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE
Plaintiff Michael Hammerly seeks judicial review of the Social Security Commissioner's final decision denying his application for Supplemental Security Income.
Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 8, 9. Plaintiff filed a reply. Doc. 10.
On May 28, 2024, Magistrate Judge Knapp issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner's final decision. The Commissioner's objections were due on June 11, 2024. The Commissioner did not file objections.
Doc. 11.
Parties have fourteen days to file objections to a Magistrate Judge's R&R. LR 72.3(b).
The Federal Magistrates Act requires district courts to conduct a de novo review of only objected-to portions of an R&R. Absent objection, district courts may adopt an R&R without review. The Commissioner did not object to the R&R, so this Court may adopt Magistrate Judge Knapp's R&R without further review.
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 Knapp's R&R, VACATES the Commissioner's final decision, and REMANDS this case for further proceedings consistent with this Order and Magistrate Judge Knapp's R&R.
IT IS SO ORDERED.