Magic v. Colvin

Filing 23

ORDER Adopting 22 Report and Recommendation: Granting 20 Motion for Summary Judgment filed by Social Security, Commissioner of, Denying 19 Motion for Summary Judgment filed by Keith R. Magic and Dismissing Case. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEITH R. MAGIC,
Plaintiff,

Case No. 14-cv-12868

v.

HONORABLE STEPHEN J. MURPHY, III

CAROYLN COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING REPORT AND
RECOMMENDATION (document no. 22), DENYING MAGIC’S MOTION
FOR SUMMARY JUDGMENT (document no. 19), GRANTING COLVIN’S
MOTION FOR SUMMARY JUDGMENT (document no. 20), AND DISMISSING CASE
Plaintiff Keith Magic ("Magic") filed an action for judicial review of the Defendant
Commissioner’s determination that Magic was not entitled to Social Security benefits based
on his mental impairments under 42 U.S.C. § 405(g). Compl., ECF No. 1. Both parties filed
Motions for Summary Judgment. ECF Nos. 19, 20. Magistrate Judge Mona K. Majzoub
reviewed the pleadings, and issued the Report and Recommendation. ECF No. 22.
Magistrate Judge Majzoub determined that the Commissioner’s decision was supported
by substantial evidence and employed the proper legal standards. Thus, the Report
recommended denying Magic’s motion for summary judgment and granting the
Commissioner’s motion for summary judgment.
Under Civil Rule 72(b), each party had fourteen days from the date of service to file
any written objections to the recommended disposition. See Fed. R. Civ. P. 72(b). Neither
party has filed objections. De novo review of the magistrate judge’s findings is therefore not
required. Id. The Court has reviewed the file and the Report, and finds the magistrate

judge’s analysis is proper. Accordingly, the Court adopts the Report’s findings and
conclusions, and will enter an appropriate judgment.
ORDER
WHEREFORE, it is hereby ORDERED that the Report and Recommendation
(document no. 22) is ADOPTED.
IT IS FURTHER ORDERED that Magic’s Motion for Summary Judgment
(document no. 19) is DENIED.
IT IS FURTHER ORDERED that the Commissioner's Motion for Summary
Judgment (document no. 20) is GRANTED, and the case is DISMISSED WITH
PREJUDICE.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: September 7, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on September 7, 2015, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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