Fisher v. Commissioner of Social Security

Filing 22

ORDER Denying 17 Motion for Summary Judgment filed by Commissioner of Social Security, Granting in Part 14 Motion for Summary Judgment filed by Matthew Fisher, and Remanding for Further Proceedingss - Signed by District Judge Laurie J. Michelson. (JJoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MATTHEW FISHER,
Plaintiff,
v.

Case No. 14-cv-13516
Honorable Laurie J. Michelson
Magistrate Judge Elizabeth A. Stafford

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [17],
GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [14], AND REMANDING FOR FURTHER PROCEEDINGS
Before the Court is Magistrate Judge Elizabeth A. Stafford’s Report and
Recommendation. (Dkt. 21.) 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 16.) 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, Fisher’s “failure to object is a procedural default, waiving his
right for this Court to review the report and recommendation.” See Johnson v. Clafton, No. 13CV-14922-LJM, 2015 WL 4770105, at *2 (E.D. Mich. Aug. 13, 2015).

The Court therefore finds that Fisher has waived further review of the Report and accepts
the Magistrate Judge’s recommended disposition. It follows that Defendant’s Motion for
Summary Judgment (Dkt. 17) is DENIED and Plaintiff’s Motion for Summary Judgment (Dkt.
14) is GRANTED IN PART and DENIED IN PART. The Commissioner’s decision is
REVERSED and this matter shall be REMANDED for further consideration consistent with the
Report and Recommendation, pursuant to sentence four of 42 U.S.C. § 405(g).
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: November 30, 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 November 30, 2015.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson

2