midpage
Byers v. Commissioner of Social Security
5:24-cv-01354
| N.D. Ohio | Mar 11, 2025
Case Information

*1 Case: 5:24-cv-01354-BMB Doc #: 12 Filed: 03/11/25 1 of 2. PageID #: 1352

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JANICE BYERS, ) CASE NO. 5:24-CV-1354 ) Plaintiff, ) JUDGE BRIDGET MEEHAN BRENNAN ) v. ) ) COMMISSIONER OF SOCIAL ) ORDER SECURITY ADMINISTRATION, )

) Defendant. )

Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge Jennifer Dowdell Armstrong recommending that the decision of the Commissioner of Social Security (“Commissioner”) denying the application of Plaintiff Janice Byers (“Plaintiff”) for supplemental security income and disability insurance benefits be affirmed. (Doc. 11.)

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) (flush language). The R&R was issued on February 20, 2025. (Doc. 11.) Plaintiff is represented by counsel. (Doc. 1 at 2.) No objection to the R&R has been filed, and the deadline for doing so has passed. The failure to timely file written objections to a report and recommendation of a magistrate judge constitutes a waiver of de novo review by the district court. United States v. Walters , 638 F.2d 947, 949–50 (6th Cir. 1981); Thomas v. Arn , 728 F.2d 813 (6th Cir. 1984),

*2 Case: 5:24-cv-01354-BMB Doc #: 12 Filed: 03/11/25 2 of 2. PageID #: 1353 aff’d, 474 U.S. 140 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas , 728 F.2d at 815.

The Court has reviewed the R&R and adopts the same. Accordingly, the final decision of the Commissioner of Social Security denying Plaintiff’s application for supplemental security income and disability insurance benefits is AFFIRMED.

IT IS SO ORDERED.

Date: March 11, 2025 _________________________________ BRIDGET MEEHAN BRENNAN UNITED STATES DISTRICT JUDGE

AI-generated responses must be verified and are not legal advice.