Campanaro v. Social Security

Filing 20

ORDER Adopting 19 Report and Recommendation: Granting in Part 14 Motion for Summary Judgment filed by Melissa Campanaro and Denying 17 Motion for Summary Judgment filed by Commissioner of Social Security - Signed by District Judge Laurie J. Michelson. (JJoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MELISSA CAMPANARO,
Plaintiff,
v.

Case No. 14-cv-12876
Honorable Laurie J. Michelson
Magistrate Judge Elizabeth A. Stafford

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [19], GRANTING IN
PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT [14], DENYING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT [17], AND REMANDING THE CASE FOR FURTHER PROCEEDINGS
Before the Court is Magistrate Judge Elizabeth A. Stafford’s Report and
Recommendation. (Dkt. 19.) At the conclusion of her Report and Recommendation, Magistrate
Judge Stafford notified the parties that they were required to file any objections within fourteen
days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Eastern District of
Michigan Local Rule 72.1(d), and that “[f]ailure to file specific objections constitutes a waiver of
any further right of appeal.” (Report & Recommendation at 19.) No objections were filed.
In United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981), the Sixth Circuit
established a rule of procedural default, holding that “a party shall file objections with the district
court or else waive right to appeal.” In Thomas v. Arn, 474 U.S. 140, 144 (1985), the Supreme
Court held that this rule violates neither the Federal Magistrates Act nor the federal constitution.
Pursuant to Walters and Thomas, Campanaro’s “failure to object is a procedural default, waiving
his right for this Court to review the report and recommendation.” Johnson v. Clafton, No. 13CV-14922-LJM, 2015 WL 4770105, at *2 (E.D. Mich. Aug. 13, 2015).

The Court therefore finds that Campanaro has waived further review of the Report and
accepts the Magistrate Judge’s recommended disposition. It follows that the Court GRANTS IN
PART and DENIES IN PART Plaintiff’s Motion for Summary Judgment (Dkt. 14) and DENIES
Defendant’s Motion for Summary Judgment (Dkt. 17). A separate judgment will follow.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: August 24, 2015

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the attorneys
and/or parties of record by electronic means or U.S. Mail on August 24, 2015.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson

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