Curry v. Social Security

Filing 17

ORDER Adopting 16 Report and Recommendation, Granting Defendant's 15 Motion for Summary Judgment, Denying Plaintiff's 12 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
TRACIE RENEE CURRY,
Plaintiff,
v.

Case. No. 18-11177
Honorable Thomas L. Ludington
Magistrate Judge Mona K. Majzoub

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT & RECOMMENDATION, GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE
COMMISSIONER
On July 2, 2015, Plaintiff applied for Supplemental Security Income, alleging that she has
been disabled since March 15, 2014. (TR 176–79.) The Social Security Administration initially
denied Plaintiff’s claims on September 30, 2015. (TR 57–63.) On February 7, 2017, Plaintiff
appeared with counsel and testified at a hearing before Administrative Law Judge (“ALJ”)
Anthony R. Smereka. (TR 31–56.) On May 1, 2017, the ALJ issued an unfavorable decision on
Plaintiff’s claims. (TR 12–26.) Plaintiff requested review by the Appeals Council, which was
denied on February 28, 2018. (TR 1–3.) On April 13, 2018, Plaintiff commenced this action for
judicial review. (ECF No. 1) The parties filed cross motions for summary judgment, which are
currently before the Court. (ECF Nos. 12, 15) On June 6, 2019, Judge Majzoub issued a report,
recommending that Plaintiff’s motion for summary judgment be denied, that Defendant’s motion
for summary judgment be granted, and that the case be dismissed in its entirety. (ECF No. 16)
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. Id.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 16, is ADOPTED.
It is further ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 12, is
DENIED.
It is further ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 15, is
GRANTED.
It is further ORDERED that the findings of the Commissioner are AFFIRMED and that
the complaint, ECF No. 1, is DISMISSED with prejudice.

Dated: July 9, 2019

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

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