Borland v. COLVIN
ORDER Adopting 23 Report and Recommendation, Denying Plaintiff's 15 Motion for Summary Judgment; Granting Defendant's 19 Motion for Summary Judgment, Affirming the Decision of the Commissioner, and Dismissing Case. Signed by District Judge Thomas L. Ludington. (KWin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-11392
Honorable Thomas L. Ludington
Magistrate Judge Stephanie Dawkins
COMMISSIONER OF SOCIAL SECURITY,
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT, AFFIRMING THE DECISION OF THE COMMISSIONER,
AND DISMISSING CASE
On April 18, 2016, Plaintiff filed the instant suit seeking judicial review of the
Commissioner’s unfavorable decision disallowing benefits. ECF No. 1. The Court referred this
case to Magistrate Judge Stephanie Dawkins Davis for all pretrial purposes. ECF No. 4. The
parties filed cross-motions for summary judgment. ECF Nos. 15, 19. On August 18, 2017, Judge
Davis issued a report recommending that Plaintiff’s Motion for Summary Judgment be denied,
and that Defendant’s Motion for Summary Judgment be granted. ECF No. 23. Specifically,
Judge Davis found that the ALJ’s assessment of Plaintiff’s credibility was supported by
substantial evidence, the ALJ’s residual functional capacity assessment was supported by
substantial evidence, and the ALJ adequately analyzed the opinion of Plaintiff’s treating
physician, Dr. Sandeep Sood. Rep. & Rec. at 14–22, ECF No. 23.
Although the magistrate judge’s report explicitly states that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither party has 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. 23, is ADOPTED.
It is further ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 15, is
It is further ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 19, is
It is further ORDERED that the findings of the Commissioner are AFFIRMED.
It is further ORDERED that this case is DISMISSED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: September 13, 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 September 13, 2017.
KELLY WINSLOW, Case Manager
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