Coston v. Commissioner of Social Security

Filing 20

ORDER Adopting the 17 Report and Recommendation, Denying Plaintiff's 14 Motion for Summary Judgment, Granting Defendant's 16 Motion for Summary Judgment and Affirming the Decision of the Commissioner. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
KYLAN COSTON,
Plaintiff,
v

Case No. 16-10232
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
__________________________________________/
ORDER ADOPTING THE REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AND AFFIRMING THE DECISION OF THE COMMISSIONER
Plaintiff Kylan Coston filed an application for Disability Insurance Benefits and
Supplemental Security Income on July 26, 2013, alleging a disability onset date of January 1,
2008. After his claim was initially denied Plaintiff timely requested an administrative hearing,
which was held on April 21, 2015. On June 19, 2015 the ALJ issued a written decision finding
that Plaintiff was not disabled under the Social Security Act. That decision became final when
the Appeals Council denied Plaintiff’s request for review. Plaintiff then appealed to this Court
on January 24, 2016. See Compl., ECF No. 1.
Plaintiff Coston filed a motion for summary judgment on April 28, 2016. ECF No. 14.
Defendant Commissioner then filed a motion for summary judgment on July 5, 2016. ECF No.
16.

On January 20, 2017 Magistrate Judge Patricia T. Morris issued a report and

recommendation, finding that the ALJ’s determination that Coston was not disabled was
supported by substantial evidence. ECF No. 17. In so concluding, the magistrate judge agreed
with the ALJ’s finding that Plaintiff did not have a condition that met or equaled Listings 11.02

or 11.03. The magistrate judge therefore recommended that Plaintiff’s motion for summary
judgment be denied, Defendant Commissioner’s motion for summary judgment be granted, and
the decision of the ALJ be affirmed.
Although the magistrate judge’s report explicitly stated that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to
the magistrate judge’s report releases the Court from its duty to independently review the record.
Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 17, is ADOPTED.
It is further ORDERED that Plaintiff Coston’s motion for summary judgment, ECF No.
14, is DENIED.
It is further ORDERED that Defendant Commissioner’s motion for summary judgment,
ECF No. 16, is GRANTED.
It is further ORDERED that the Commissioner’s decision is AFFIRMED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: February 8, 2017
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 on February 8, 2017.
s/Kelly Winslow for
MICHAEL A. SIAN, Case Manager

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