Opinion
1:21-cv-1739
05-17-2022
KIMBERLY ANN MUSOLFF, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
ORDER
SARA LIOI JUDGE
Before the Court is the report and recommendation (“R&R”) of the Magistrate Judge in the above-entitled action. (Doc. No. 10.) Under the relevant statute:
[. . .] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.28 U.S.C. § 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections have been filed. In the Sixth Circuit, failure to object constitutes a forfeiture. Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019) (“We clarify that forfeiture, rather than waiver, is the relevant term here.”). See also Thomas v. Arn, 474 U.S. 140, 152, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (holding that the Sixth Circuit's waiver/forfeiture rule is within its supervisory powers and “[t]here 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 objection are filed”). Here, the R&R placed the parties on notice as to the potential for forfeiture in the event of failure to object. (See Doc. No. 10 at 33.)
The Court afforded three additional days for service. See Fed.R.Civ.P. 6(a) & (d). No objections were filed on or before the deadline, and no extension of time has been sought or given.
Page number references are to the page numbers assigned to each individual document by the Court's electronic filing system.
The R&R recommends affirming the decision of defendant, the Commissioner of Social Security, denying plaintiff's application for disability insurance benefits. The Court has reviewed the R&R, finds it to be thoroughly written and well-reasoned, and, therefore, accepts the same.
Accordingly, the Court adopts the R&R's recommendation. Defendant's decision is affirmed. This case is closed.
IT IS SO ORDERED.