Filed: Feb. 28, 2012
Latest Update: Feb. 28, 2012
Summary: MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. Before the Court is the Report and Recommendation ("R&R") of the Magistrate Judge in the above-entitled action. 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 findi
Summary: MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. Before the Court is the Report and Recommendation ("R&R") of the Magistrate Judge in the above-entitled action. 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 findin..
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MEMORANDUM OPINION AND ORDER
SARA LIOI, District Judge.
Before the Court is the Report and Recommendation ("R&R") of the Magistrate Judge in the above-entitled action. 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 R&R was served electronically at 3:56 p.m. on February 10, 2012. Under ¶ 14 of the Electronic Filing Policies and Procedures Manual of the Northern District of Ohio ("EFPPM"), "[s]ervice by electronic mail will constitute service pursuant to Fed. R. Civ. P. 5(b)(2)(E)[,]" which provides that, where a party has consenting in writing to electronic mail service, such service is "complete upon transmission[.]"1 However, service by electronic mail also "entitle[s] the party being served to the additional 3 days provided by Fed. R. Civ. P. 6(d) [...]." (EFPPM, ¶ 14.) Therefore, any objections to the R&R in this case were due by February 27, 2012. No objections have been filed and the deadline has passed.
The failure to file written objections to a Magistrate Judge's R&R 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); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge's R&R and adopts the same. Accordingly, since substantial evidence supports the finding of the Commissioner that Otelia C. Long had no disability, the decision of the Commissioner to deny Long disability insurance benefits and supplemental security income is AFFIRMED and this case is DISMISSED.
IT IS SO ORDERED.
