Sweeney v. Social Security, Commissioner of

Filing 15

ORDER Adopting 14 Report and Recommendation, Granting Defendant's 12 Motion for Summary Judgment and Denying Plaintiff's 9 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GARRY SWEENEY,
Plaintiff,

Case No. 13-cv-12761
Hon. Matthew F. Leitman

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #14),
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
(ECF #12), AND DENYING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT (ECF #9)
On August 14, 2014, Magistrate Judge Michael Hluchaniuk issued a Report
and Recommendation (the “R&R”) recommending that the Court deny Plaintiff
Garry Sweeney’s Motion for Summary Judgment (ECF #9) and grant the
Defendant Commissioner of Social Security's Motion for Summary Judgment
(ECF #12). (See ECF #14.) The R&R stated that the parties could object to and
seek review of the recommendation within fourteen days. (See id. at 32-33 Pg. ID
376-377.)
Neither party has objected to the R&R.

Failure to file objections to the

R&R waives any further right to appeal. See Howard v. Sec'y of Health and
Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers
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Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to
the Magistrate Judge’s R&R releases the Court from its duty to independently
review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has
nevertheless reviewed the R&R and agrees with the findings and conclusions of
the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August
14, 2014, R&R (ECF #14) is ADOPTED as the Opinion of this Court. IT IS
FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's
November 4, 2013, Motion for Summary Judgment (ECF #9) is DENIED, and that
Defendant's February 28, 2014, Motion for Summary Judgment (ECF #12) is
GRANTED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: September 4, 2014
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 4, 2014, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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