Miller Harris v. Social Security, Commissioner of

Filing 24

OPINION and ORDER adopting 23 REPORT AND RECOMMENDATION, denying 19 MOTION for Summary Judgment, granting 22 MOTION for Summary Judgment and affirming the Findings of the Commissioner. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
FREDERICA L. MILLER HARRIS,
Plaintiff,

Case No. 12-14121
Honorable Thomas L. Ludington

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
AND AFFIRMING THE FINDINGS OF THE COMMISSIONER
On September 17, 2012, Frederica Miller Harris (Miller Harris) filed a complaint against
the Commissioner of Social Security (the Commissioner) seeking disability insurance benefits
and supplemental security income benefits. Miller Harris’s claims to obtain those benefits were
previously disapproved by the Commissioner. After filing this case, Miller Harris filed a motion
for summary judgment—to overturn the Commissioner’s benefits decision—on January 10,
2013. The Commissioner filed her own motion for summary judgment on February 27, 2013,
requesting that her decision to deny benefits be affirmed. Both motions were referred to United
States Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b)(1).
On February 10, 2014, Judge Hluchaniuk issued a report recommending that “[Miller
Harris’s] motion for summary judgment be DENIED, that [the Commissioner’s] motion for
summary judgment be GRANTED, and that the findings of the Commissioner be
AFFIRMED.” Report & Rec. 2 (emphasis in original), ECF No. 23. The docket reflects that
the report was served on Miller Harris that same day. Although Judge Hluchaniuk’s report

explicitly stated that the parties may object to and seek review of the recommendation within 14
days of service of the report, as of today’s date, neither party has filed objections. The failure to
object to Judge Hluchaniuk’s report releases the Court from its duty to independently review the
record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file objections to the
report waives any further right to appeal. See Smith v. Detroit Fed’n of Teachers Local 231, 829
F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, it is ORDERED that the Judge Hluchaniuk’s report and recommendation,
ECF No. 23, is ADOPTED.
It is further ORDERED that the Commissioner’s motion for summary judgment, ECF
No. 22, is GRANTED.
It is further ORDERED that Miller Harris’s motion for summary judgment, ECF No. 19,
is DENIED.
It is further ORDERED that the Commissioner’s decision to deny benefits is
AFFIRMED. This is a final order and closes the case.
Dated: February 27, 2014

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing
order was served upon each attorney or party of record
herein by electronic means or first class U.S. mail, and
upon Frederica L. Miller Harris, 18849 Schoenherr,
Detroit, MI 48205 by first class U.S. mail, on February
27, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

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