Opinion
CASE NO. 1:17-cv-2157
01-30-2019
DAVID SNYDER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER
[Resolving Doc. 1] :
On October 12, 2017, Plaintiff David Snyder filed a complaint seeking judicial review of Defendant Commissioner of Social Security's decision to deny his social security disability benefits application. On December 3, 2018, Magistrate Judge David A. Ruiz recommended that the Court vacate the Commissioner's final decision and remand the case for further proceedings.
Doc. 1.
Doc. 15.
Any objections to Magistrate Judge Ruiz's Report and Recommendation ("R&R") were due by December 17, 2018. Defendant Commissioner stated she will not file objections.
Doc. 16.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which the parties have made an objection. 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 magistrate judge's 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: January 30, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE