Bickerstaff v. Social Security, Commissioner of

Filing 19

ORDER Adopting 18 Report and Recommendation, Granting Defendant's 17 Motion for Summary Judgment, Denying Plaintiff's 13 Motion for Summary Judgment, Affirming the Decision of the Commissioner and Dismissing Plaintiff's Complaint With Prejudice. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WANDA JEAN BICKERSTAFF,
Plaintiff,

Case Number 15-10917
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT, AFFIRMING DECISION OF THE COMMISSIONER
AND DISMISSING PLAINTIFF’S COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on July 15, 2016 by Magistrate Judge Anthony
P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendant’s motion
for summary judgment, deny the plaintiff’s motion for summary judgment, and affirm the decision
of the Commissioner. Although the report stated that the parties to this action could object to and
seek review of the recommendation within fourteen days of service of the report, no objections have
been filed thus far. The parties’ failure to file objections to the report and recommendation waives
any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th
Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from
its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However,
the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#18] is ADOPTED.

It is further ORDERED that the defendant’s motion for summary judgment [dkt. #17] is
GRANTED.
It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #13] is
DENIED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the plaintiff’s complaint is DISMISSED WITH PREJUDICE.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 5, 2016

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 5, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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