ADAMS v. Social Security, Commissioner of
Filing
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ORDER denying 13 Motion for Summary Judgment; granting 14 Motion for Summary Judgment; adopting 15 Report and Recommendation on 15 Report and Recommendation, 14 Motion for Summary Judgment, 13 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID W. ADAMS,
Plaintiff,
Case No. 13-14142
v.
Hon. Patrick J. Duggan
COMISSIONER OF SOCIAL
SECURITY,
Magistrate Judge Charles E. Binder
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
On September 27, 2013, Plaintiff David Adams filed this lawsuit
challenging a final decision of the Commissioner of Social Security denying
Plaintiff’s application for a period of disability and disability insurance benefits.
On September 30, 2013, the lawsuit was referred to Magistrate Judge Charles E.
Binder for all pretrial matters proceedings, including a hearing and determination
of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report
and recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C.
§ 636(b)(1)(B). Plaintiff filed a motion for summary judgment pursuant to Federal
Rule of Civil Procedure 56 on February 6, 2014, and Defendant filed a cross
summary judgment motion on March 6, 2014. On November 6, 2014, Magistrate
Judge Binder issued an R&R recommending that this Court grant Defendant’s
motion.
In his R&R, Magistrate Judge Binder reviews the ALJ’s determination, as
well as the parties’ briefs, before concluding that there was substantial evidence in
the record to support the ALJ’s determination that Plaintiff was not under a
disability as that term is used in the Social Security Act. At the conclusion of the
R&R, Magistrate Judge Binder advises the parties that they may object to and seek
review of the R&R within fourteen days of service upon them. He further
specifically advises the parties that the “[f]ailure to file specific objections
constitutes a waiver of any further right to appeal.” Neither party filed objections
to the R&R.
The Court has carefully reviewed the parties’ briefs as well as the R&R and
concurs with the conclusions reached by Magistrate Judge Binder. The Court
therefore adopts Magistrate Judge Binder’s November 6, 2014 Report and
Recommendation.
Accordingly,
IT IS ORDERED that Defendant’s motion for summary judgment is
GRANTED.
Dated: December 22, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
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Copies to:
Thomas J. Bertino, Esq.
Kelie C. Schneider, Esq.
John L. Martin, SSA
Theresa M. Urbanic, AUSA
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