Summary
considering graduation from high school, borderline intellectual functioning diagnosis, and work history in finding no substantial question as to Listing 12.05(C) qualification
Summary of this case from Burgos-Rivera v. Comm'r of Soc. Sec.Opinion
CASE NO. 1:16-CV-2180
06-03-2017
DAVID L. DOWLING, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION & ORDER
[Resolving Doc. 19] :
On August 30, 2016, Plaintiff David L. Dowling asked the Court to review Defendant Commissioner's decision to deny him disability benefits. Magistrate Judge Kathleen B. Burke issued a Report and Recommendation ("R&R") recommending that this Court affirm the Commissioner's decision.
Doc. 1.
Doc. 19.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which the parties have made an objection. Parties must file any objections to a R&R within fourteen days of service. Failure to object within this time waives a party's right to appeal the magistrate's report. Absent objection, a district court may adopt the magistrate judge's report without review.
Id.; Fed. R. Civ. P. 72(b)(2).
Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas, 474 U.S. at 149.
Here, Plaintiff informed the Court he is not objecting to the R&R and the Defendant has not filed an objection. Accordingly, the Court ADOPTS in whole Magistrate Judge Burke's Report and Recommendation and incorporates it fully herein by reference, and DISMISSES Plaintiff Dowling's complaint.
Doc. 20. --------
IT IS SO ORDERED. Dated: June 3, 2017
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE