Opinion
CASE NO. 1:18-cv-169
02-11-2019
SUSAN S. RODWAY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION & ORDER
[Resolving Doc. 1] :
On January 23, 2018, Plaintiff Susan Rodway filed a complaint seeking judicial review of Defendant Social Security Commissioner's decision to deny her period of disability and disability insurance benefits applications. On January 24, 2019, Magistrate Judge David A. Ruiz recommended that the Court vacate the Commissioner's final decision and remand the case for further proceedings.
Doc. 1. Plaintiff and Defendant file merits briefs. Docs. 13, 15. Plaintiff replies to Defendant's brief. Doc. 16.
Doc. 17.
Any objections to Magistrate Judge Ruiz's Report and Recommendation ("R&R") were due by February 7, 2019. Defendant Commissioner stated she will not file objections.
Doc. 18.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have objected. Absent objection, a district court may adopt the R&R without review. Because no party has objected to the R&R, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the record, the Court agrees with the conclusions in the R&R.
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 Ruiz's R&R, incorporating it fully herein by reference, VACATES the Commissioner's final decision, and REMANDS the case for proceedings consistent with the opinion.
IT IS SO ORDERED. Dated: February 11, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE