Reiser v. Social Security, Commissioner of

Filing 23

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#22], DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT [#20], GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT [#19], AND AFFIRMING THE COMMISSIONERS FINDINGS. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GARY REISER,
Plaintiff,
Case No. 13-11788
HON. GERSHWIN A. DRAIN
vs.

THE COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
________________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#22],
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [#20], GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [#19], AND AFFIRMING THE
COMMISSIONER’S FINDINGS
This matter is before the Court on the parties’ Cross-Motions for Summary Judgment
as to Plaintiff Gary Reiser’s claim for judicial review of Defendant Commissioner of Social
Security’s (“the Commissioner”) denial of his application for supplemental security income
benefits. The matter was referred to Magistrate Judge Michael Hluchaniuk, who issued a
Report and Recommendation on July 28, 2014, recommending that the Court deny
Plaintiff’s Motion for Summary Judgment, grant Defendant’s Motion for Summary
Judgment, and affirm the Commissioner’s findings. Neither party has filed objections to the
Magistrate Judge’s Report and Recommendation, and the time for filing objections has
expired. See 28 U.S.C. § 636(b)(1)(C).

-1-

Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct
conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Hluchaniuk’s July 28, 2014, Report and Recommendation [#22] as this Court’s findings of
fact and conclusions of law. Plaintiff’s Motion for Summary Judgment [#20] is DENIED.
Defendant’s Motion for Summary Judgment [#19] is GRANTED.
This cause of action is dismissed.
SO ORDERED.
Dated: August 25, 2014
/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 25, 2014, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

-2-