Summary
discussing "the well-stated concern that judicially reviewing non-briefed claims would have the perverse result of encouraging claimants to simply rely on the reviewing court to become their advocate"
Summary of this case from Corbin v. SaulOpinion
CASE NO. 5:16-CV-278
07-03-2017
DEBORAH A. PARKER, Plaintiff, v. COMMISSIONER SOCIAL SECURITY, Defendant.
OPINION & ORDER
[Resolving Doc. 1] :
On February 5, 2016, Plaintiff Deborah A. Parker filed a complaint seeking judicial review of the Defendant Commissioner of Social Security's decision to deny her non-disability retirement income benefits. The Court referred the matter to Magistrate Judge William H. Baughman, Jr.
Doc. 1.
On May 5, 2017, Magistrate Judge Baughman issued a Report and Recommendation ("R&R") recommending that this Court affirm the Commissioner's decision. Magistrate Judge Baughman found that because Plaintiff Parker never submitted a brief in support of her claim despite multiple extensions, an "obvious error" standard applies to her case. Magistrate Judge Baughman found no obvious error in the denial of benefits.
Doc. 36.
Id. at 6.
Id. at 7-8.
On May 26, 2017, Plaintiff Parker requested an extension to file objections to the R&R so that she could hire a lawyer. The Court granted the extension.
Doc. 37.
Doc. 38.
Objections were due June 30, 2017. Plaintiff Parker neither retained counsel nor filed objections.
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. Failure to timely object waives a party's right to appeal the magistrate'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. Moreover, having conducted its own review of the complaint and record, the Court agrees with the conclusions in the Report and Recommendation.
See Thomas , 474 U.S. at 149. --------
Accordingly, the Court ADOPTS in whole Magistrate Judge Baughman's Report and Recommendation and incorporates it fully herein by reference, and DISMISSES Plaintiff Parker's complaint.
IT IS SO ORDERED. Dated: July 3, 2017
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE