ABBOMERATO v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, 5:14CV391. (2014)
Court: District Court, N.D. Ohio
Number: infdco20141205b11
Visitors: 6
Filed: Dec. 04, 2014
Latest Update: Dec. 04, 2014
Summary: MEMORANDUM OPINION SARA LIOI, District Judge. Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 21.) 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 reco
Summary: MEMORANDUM OPINION SARA LIOI, District Judge. Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 21.) 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 recom..
More
MEMORANDUM OPINION
SARA LIOI, District Judge.
Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 21.) 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).
The R&R was filed on November 14, 2014. Under Fed.R.Civ.P. 6(d), an additional three days are added when computing service. Therefore, objections were not due until December 1, 2014, which fell on a Monday.
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 to deny disability insurance benefits was supported by substantial evidence and must be AFFIRMED.
IT IS SO ORDERED.
Source: Leagle
