Higginbotham v. Commissioner of Social Security Administration, No. 1:2023cv01526 - Document 11 (N.D. Ohio 2024)
Court Description: Opinion and Order signed by Judge James S. Gwin on 5/6/24. The Court ADOPTS Magistrate Judge Greenberg's R&R, REVERSES the Commissioner's final decision, and REMANDS this case for further proceedings consistent with this Order and Magistrate Judge Greenberg's R&R. Related document 1 Complaint, 10 Report and Recommendation (T,A)
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Higginbotham v. Commissioner of Social Security Administration Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO THOR HIGGINBOTHAM, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 1:23-cv-01526 OPINION & ORDER [Resolving Docs. 1, 10] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Thor Higginbotham seeks judicial review of the Social Security Commissioner’s final decision denying his application for Supplemental Security Income.1 On April 16, 2024, Magistrate Judge Greenberg issued a Report and Recommendation (“R&R”) recommending that the Court reverse and remand the Commissioner’s final decision.2 The Commissioner’s objections were due on April 30, 2024.3 The Commissioner did not file objections. The Federal Magistrates Act requires district courts to conduct a de novo review of only objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R without review.5 The Commissioner did not object to the R&R, so this Court may adopt Magistrate Judge Greenberg’s R&R without further review. 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 6, 8. Plaintiff filed a reply. Doc. 9. Doc. 10. 3 Parties have fourteen days to file objections to a Magistrate Judge’s R&R. LR 72.3(b). 4 28 U.S.C. § 636(b)(1). 5 Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the district court’s order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). 2 Dockets.Justia.com Case No. 1:23-cv-01526 Gwin, J. Accordingly, the Court ADOPTS Magistrate Judge Greenberg’s R&R, REVERSES the Commissioner’s final decision, and REMANDS this case for further proceedings consistent with this Order and Magistrate Judge Greenberg’s R&R. IT IS SO ORDERED. s/ Dated: May 6, 2024 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-
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