Opinion
5:22-CV-651
09-11-2023
JOSEPH HANEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER [Resolving Doc. 13]
JAMES S. GWIN UNITED STATES DISTRICT JUDGE
Joseph Haney seeks judicial review of the Social Security Administration Commissioner's final decision denying his application for Disability Insurance Benefits (“DIB”).
Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 9 and 11. Plaintiff filed a reply. Doc. 12.
On June 16, 2023, Magistrate Judge Thomas M. Parker issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner's final decision.On June 28, 2023, Defendant filed a response to the R&R saying that the Commissioner would not file objections.
Doc. 13.
Doc. 14.
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.Defendant did not object to the R&R, and this Court may adopt Magistrate Judge Parker'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 Parker's R&R, and VACATES and REMANDS the Commissioner's final decision.
IT IS SO ORDERED.