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SALAS v. COMMISSIONER OF SOCIAL SECURITY, 1:11-CV-1511. (2012)

Court: District Court, N.D. Ohio Number: infdco20120813565 Visitors: 3
Filed: Aug. 10, 2012
Latest Update: Aug. 10, 2012
Summary: OPINION & ORDER Resolving Doc. No. 1 JAMES S. GWIN, District Judge. On July 22, 2011, Plaintiff Michael Salas filed a complaint seeking judicial review of the Defendant Commissioner of Social Security's decision to deny him disability benefits. [Doc. 1 .] The Court referred Salas's complaint to Magistrate Judge James R. Knepp II for a Report and Recommendation. On July 26, 2012, Magistrate Judge Knepp recommended that this Court affirm the Commissioner's decision. [Doc. 19 .] The Federal
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OPINION & ORDER Resolving Doc. No. 1

JAMES S. GWIN, District Judge.

On July 22, 2011, Plaintiff Michael Salas filed a complaint seeking judicial review of the Defendant Commissioner of Social Security's decision to deny him disability benefits. [Doc. 1.] The Court referred Salas's complaint to Magistrate Judge James R. Knepp II for a Report and Recommendation. On July 26, 2012, Magistrate Judge Knepp recommended that this Court affirm the Commissioner's decision. [Doc. 19.]

The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection. 28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a party's right to appeal the Magistrate Judge's report. Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt the Magistrate Judge's report without review. See Thomas, 474 U.S. at 149.

In this case, neither party has objected to Magistrate Judge Knepp's recommendation. In addition, the Court has independently reviewed, and agrees with, that recommendation. Accordingly, the Court ADOPTS Magistrate Judge Knepp's Report and Recommendation and DISMISSES Salas's complaint.

IT IS SO ORDERED.

Source:  Leagle

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