Chipps v. Commissioner of Social Security

Filing 27

ORDER Adopting Report and Recommendation for Granting 23 Motion for Summary Judgment filed by Commissioner of Social Security, Denying 19 Motion for Summary Judgment filed by HEATHER CHIPPS re 26 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Heather A. Chipps,
Plaintiff,
v.

Case No. 14-11194

Commissioner of Social Security,

Honorable Sean F. Cox
Magistrate Judge Charles E. Binder

Defendant.
_______________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
This is a social security appeal. On March 21, 2014, Plaintiff Heather A. Chipps filed her
Complaint against the Commissioner of Social Security, appealing an Administrative Law Judge’s
denial of her application for disability insurance and supplemental security income benefits. (Doc.
#1).
The parties filed cross-motions for summary judgment. (Pl. Mo., Doc. #19; Def.’s Mo., Doc.
#23). The motions were ultimately referred to Magistrate Judge Charles E. Binder for issuance of
a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). (Doc. #3).
On August 5, 2015, Magistrate Judge Binder issued a Report and Recommendation
(“R&R”) wherein he recommended that this Court DENY Plaintiff’s Motion for Summary
Judgment, GRANT Defendant’s Motion for Summary Judgment, and AFFIRM the Commissioner’s
denial of benefits. (R&R, Doc. #26).
Pursuant to Civil Rule 72, a party objecting to the recommended disposition of a matter by
a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with

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a copy of the R&R. Fed. R. Civ. P. 72(b)(2). “The district judge must determine de novo any part
of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3).
Neither party has filed objections to the R&R and the time for doing so has passed.
Furthermore, the Court agrees with the Magistrate Judge’s recommendation. Therefore, the Court
hereby ADOPTS the August 5, 2015 R&R. IT IS ORDERED that Plaintiff’s Motion for Summary
Judgment (Doc. #19) is DENIED, Defendant’s Motion for Summary Judgment (Doc. #23) is
GRANTED, and this case is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 28, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
August 28, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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