Robertson v. Commissioner of Social Security

Filing 20

ORDER Adopting Report and Recommendation for 19 Report and Recommendation, granting 18 Motion for Summary Judgment filed by Commissioner of Social Security, denying 15 Motion for Summary Judgment filed by Gary Robertson Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GARY ROBERTSON,
Plaintiff,
CASE NO. 2:14-cv-14002
v.
HON. MARIANNE O. BATTANI
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________ __________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Gary Robertson brings this action challenging the final decision of the
Commissioner denying his application for Social Security Disability Insurance Benefits
and Supplemental Security Income under the Social Security Act. The case was
referred to Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b)(1).
(Doc. 4). Both parties filed dispositive motions, and in a Report and Recommendation
("R&R") dated October 29, 2015, Magistrate Judge Whalen recommended that
Plaintiff's Motion for Summary Judgment be denied and that Defendant's Motion for
Summary Judgment be granted. (Doc. 19).
In the R&R, the Magistrate Judge informed the parties that objections to the R&R
needed to be filed within “14 days of service” and that a party’s failure to file objections
would waive any further right of appeal. (Id., p. 18). Neither party filed an objection.

Because no objection has been filed in this case, the parties waived their right to
de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge’s
Report and Recommendation (Doc. 19), DENIES Plaintiff’s Motion for Summary
Judgment (Doc. 15), and GRANTS Defendant’s Motion for Summary Judgment (Doc.
18). Plaintiff’s Complaint is DISMISSED in its entirety.
IT IS SO ORDERED.
Date: January 29, 2016

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on January 29, 2016.
s/ Kay Doaks
Case Manager