Filed: Jul. 11, 2013
Latest Update: Jul. 11, 2013
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. 17.) 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. 17.) 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. 17.) 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 filed on June 17, 2013, and was immediately served electronically. See Fed. R. Civ. P. 5(b)(2)(E). Under Fed. R. Civ. P. 6(a)(1) and (d), when computing time for filing objections, June 17th is excluded, every day thereafter is counted, and three additional days are added; if the final day falls on a weekend or federal holiday, the period is extended to the end of the next day that is not a Saturday, Sunday, or legal holiday. Therefore, in this case, objections were due on July 5, 2013.
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 denying plaintiff's claim for disability insurance benefits was supported by substantial evidence and must be AFFIRMED.
IT IS SO ORDERED.
