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Noel v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Apr 22, 2013
CASE NO. 4:12CV1062 (N.D. Ohio Apr. 22, 2013)

Opinion

CASE NO. 4:12CV1062

04-22-2013

RICHARD W. NOEL, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.


JUDGE SARA LIOI


ORDER

Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 17.) 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).

The report and recommendation was filed on March 18, 2013, and was immediately served electronically. See Fed. R. Civ. P. 5(b)(2)(E). Under Fed. R. Civ. P. 6(a)(1) and (d), when computing time for filing objections, March 18th is excluded, every day thereafter is counted, and three additional days are added. Therefore, objections were due on April 4, 2013.

No objections were filed on or before that deadline. The failure to file written objections to a Magistrate Judge's report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985), reh'g denied, 474 U.S. 1111 (1986); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. Accordingly, the Court concludes that the Commissioner's decision denying plaintiff's claim for a period of disability, disability insurance benefits, and supplemental security income was supported by substantial evidence and must be AFFIRMED.

IT IS SO ORDERED.

____________________

HONORABLE SARA LIOI

UNITED STATES DISTRICT JUDGE


Summaries of

Noel v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Apr 22, 2013
CASE NO. 4:12CV1062 (N.D. Ohio Apr. 22, 2013)
Case details for

Noel v. Comm'r of Soc. Sec.

Case Details

Full title:RICHARD W. NOEL, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Apr 22, 2013

Citations

CASE NO. 4:12CV1062 (N.D. Ohio Apr. 22, 2013)

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