James v. Social Security, Commissioner of

Filing 18

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 17 , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 16 AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 15 AND DISMISSING ACTION. Signed by District Judge Gershwin A. Drain. (DPar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHANA CELESTINE JAMES,
Plaintiff,
Case No.15-cv-11790
HON. GERSHWIN A. DRAIN
vs.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
________________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (#17), GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT (# 16) AND DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT (# 15) AND DISMISSING ACTION

This matter is before the court on the parties’ Cross-Motions for Summary
Judgment as to Plaintiff Shana Celestine James’s claim for judicial review of
Defendant Commissioner of Social Security’s denial of her application for disability
insurance benefits. The matter was referred to Magistrate Judge Patricia T. Morris,
who issued a Report and Recommendation on May 26, 2016, recommending that the
Court grant Defendant’s Motion for Summary Judgment, deny Plaintiff’s Motion for
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Summary Judgment, and affirm the Commissioner’s findings. Neither party has filed
objections to the Magistrate Judge’s Report and Recommendation, and the time for
filing objections has expired. See 28 U.S.C. § 636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct
conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Morris’s May 26, 2016 Report and Recommendation [#17] as this Court’s findings
of fact and conclusions of law. Defendant’s Motion for Summary Judgment [#16] is
GRANTED. Plaintiff’s Motion for Summary Judgment [#15] is DENIED.
This cause of action is dismissed.
SO ORDERED.

Dated: June 20, 2016
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of
record on
June 20, 2016, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Case Manager
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