Opinion
4:20-cv-01569
09-24-2021
KATHRYN A. TENNEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER [RESOLVING DOC. 1]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Kathryn A. Tenney seeks judicial review of the Social Security Administration Commissioner's final decision that denied her application for Supplemental Security Income (“SSI”).
Doc. 1. Plaintiff and the Commissioner filed merits briefs. Doc. 14 and Doc. 16. Plaintiff filed a reply. Doc. 18.
On September 7, 2021, Magistrate Judge Carmen E. Henderson filed a Report and Recommendation (“R&R”). The R&R recommended the Court reverse and remand the Commissioner's final decision. On September 14, 2021, Defendant filed a response to the R&R saying that the Commissioner would not file objections.
Doc. 19.
Doc. 20.
The Federal Magistrates Act requires district courts to conduct a de novo review of only objected-to portions of an R&R. Absent objection, district courts may adopt an R&R without review. Defendant did not object to the R&R, and this Court may adopt Magistrate Judge Henderson's R&R without further review.
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 Henderson's R&R, and REVERSES and REMANDS the Commissioner's final decision.
IT IS SO ORDERED.