Hayes v. Social Security, Commissioner of

Filing 23

OPINION and ORDER Adopting 22 Report and Recommendation. Signed by District Judge Denise Page Hood. (KJac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DIANN HAYES,
Plaintiff,
v.

Case No. 14-14662
Hon. Denise Page Hood

COMMISSIONER OF
SOCIAL SECURITY,
Defendant,
________________________________/
OPINION AND ORDER ADOPTING REPORT AND
RECOMMENDATION (DOC # 22)
Plaintiff, Diann Hayes has filed for a timely judicial review of Defendant
Commissioner of Social Security’s denial of benefits. All pretrial matters were
assigned to Magistrate Judge Stafford. On May 20, 2015 this case was temporarily
transferred to a three judge panel under Administrative Order 15-AO-045 to take
the Commissioner’s 60 days stay and Plaintiff’s motion for substitution under
consideration. This case was then transferred back on October 19, 2015 to
Magistrate Judge Stafford once the work from the three judge panel was
concluded. The Court directed Hayes that she was to either retain new counsel by
December 19, 2015 or proceed without the assistance of counsel, pro se. Plaintiff
did not retain new counsel; therefore, the temporary stay was lifted and Hayes was
considered pro se. (Doc. #19). Magistrate Judge Stafford ordered Plaintiff to file a
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new motion summary for judgment by February 4, 2016, but she did not do so. On
February 9, 2016, the Magistrate Judge determined that the Plaintiff’s Social
Security Appeal would be decided based on the existing record.
Once a report and recommendation has been issued, a party has fourteen
days to file written objections to the Magistrate Judge’s proposed findings and
recommendations. 28 U.S.C. § 636. A district court is not required to review any
portion of a repost and recommendation to which no objection was made. HickeyNiezgoda v. Wells Fargo Home Mortgage, No. 11-10538, 2012 WL 1079573, at *
(E.D. Mich. Mar. 30, 2012) citing Thomas v. Arn, 474 U.S. 140, 149 (1985). 28
U.S.C. § 636(b) (1). A court may accept, reject, or modify, whole or in part, the
findings or recommendations made by the magistrate judge. Id.
Neither party filed any written objections, and the time period for filing
objections has expired. The Court has had an opportunity to review this matter and
finds that the Magistrate Judge reached the correct conclusions. Although the
arguments within the previous motion from her prior attorney lacked developed
arguments or supporting evidence, Magistrate Judge Stafford independently
reviewed and considered the evidence within the record and the ALJ’s findings.
After this thorough review, Magistrate Judge Stafford determined that the
Commissioner’s decision was supported by substantial evidence.

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Accordingly, the Court ADOPTS Magistrate Judge Stafford's Report and
Recommendation and GRANTS Defendants’ Motion for Summary Judgment
(Doc. # 12). Plaintiff’s Motion for Summary Judgment (Doc. # 10) is DENIED.

IT IS ORDERED.
s/Denise P. Hood
HON. DENISE PAGE HOOD
CHIEF UNITED STATES DISTRICT JUDGE
Dated: September 6, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, September 6, 2016September 6, 2016, by electronic and/or
ordinary mail.

s/Keisha Jackson
for Case Manager L. Saulsberry

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