Opinion
Case No. 1:18-cv-761
06-18-2020
STEPHEN HUTCHINSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Karen Litkovitz ORDER
On May 18, 2020, Magistrate Judge Litkovitz issued a Report and Recommendation (the "R&R") (Doc. 22), recommending that this Court overrule Plaintiff Stephen Hutchinson's statement of errors as to the Administrative Law Judge's ("ALJ") decision to deny Hutchinson's applications for disability insurance benefits ("DIB") and supplemental security income ("SSI"). The R&R advised the Parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 22, #3344 (first citing Thomas v. Arn, 474 U.S. 140, 149-53 (1985); then United States v. Walters, 638 F.2d 947 (6th Cir. 1981)).
Now, the time period for objection has run, and no party has objected. 28 U.S.C. § 636(b)(1)(C). "There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate's report to which no objections are filed." Thomas, 474 U.S. at 152; see also Berkshire v. Beauvais, 928 F.3d 520, 530-31 (6th Cir. 2019) (noting "fail[ure] to file an objection to the magistrate judge's R&R ... is forfeiture, not waiver") (emphasis in original).
Thus, the Court ADOPTS Magistrate Judge Litkovitz's R&R (Doc. 22), and thereby OVERRULES Hutchinson's Statement of Errors (Doc. 14), AFFIRMS the Commissioner of Social Security's decision, and DISMISSES WITH PREJUDICE Hutchinson's Complaint (Doc. 1). The Court DIRECTS the Clerk to enter judgment accordingly.
SO ORDERED. June 18, 2020
DATE
/s/ _________
DOUGLAS R. COLE
UNITED STATES DISTRICT JUDGE