Hairston v. Social Security, Commissioner of

Filing 14

Order Adopting 13 Report and Recommendation and Granting Defendant's 12 Motion for Summary Judgment and Denying Plaintiff's 8 Motion for Summary Judgment and Dismissing Case. Signed by District Judge Avern Cohn. (SCha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LAFAYTIA HAIRSTON,
Plaintiff,
Case No. 12-12640
v.
HON. AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 13)
AND
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 12)
AND
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 8)
AND
DISMISSING CASE
I.
This is a social security case. Plaintiff Lafaytia Hairston appeals from the final
determination of the Commissioner of Social Security (Commissioner) that she is not
disabled and therefore not entitled to disability insurance benefits. The matter was
referred to a magistrate judge for all pretrial proceedings. The parties filed cross
motions for summary judgment.
On April 2, 2013, the magistrate judge issued a report and recommendation
(MJRR) recommending that the Commissioner’s motion be granted, plaintiff’s motion be
denied, the findings of the Commissioner be affirmed, and the case be dismissed.
Specifically, the magistrate concludes that substantial evidence supports the

Commissioner’s decision that plaintiff is not disabled.
II.
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d
1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's
report releases the Court from its duty to independently review the motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees
with the magistrate judge’s conclusions and recommendations. Accordingly, the
findings and conclusions of the magistrate judge are ADOPTED as the findings and
conclusions of the Court. The Commissioner’s motion for summary judgment is
GRANTED. Plaintiff’s motion for summary judgment is DENIED. The findings of the
Commissioner are AFFIRMED. This case is DISMISSED.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: May 3, 2013

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, May 3, 2013, by electronic and/or ordinary mail.

S/Sakne Chami
Case Manager, [phone]

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