Davis v. Social Security

Filing 22

ORDER (1) Granting Defendant's 19 Motion for Summary Judgment and (2) Denying Plaintiff's 15 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERESA LYNN DAVIS,
Plaintiff,

Case No. 15-cv-12644
Hon. Matthew F. Leitman

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT (ECF #19) AND (2) DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT (ECF #15)
In this action, Plaintiff Teresa Lynn Davis (“Plaintiff”) challenges the denial
of her applications for disability benefits. (See Compl., ECF #1.) Plaintiff and the
Commissioner of Social Security (“Defendant”) have now filed cross-motions for
summary judgment. (See ECF ## 15, 19.)
On July 29, 2016, the assigned Magistrate Judge issued a Report and
Recommendation recommending that the Court grant Defendant’s motion and
deny Plaintiff’s motion (the “R&R”). (See ECF #21.) At the conclusion of the
R&R, the Magistrate Judge informed the parties that if they wanted to seek review
of his recommendation, they needed to file specific objections with the Court
within fourteen days. (See id. at 27-28 Pg. ID 491-492.)
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Plaintiff has not filed any objections to the R&R.

The failure to file

objections to an R&R waives any further right to appeal. See Howard v. Sec'y of
Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of
Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to
object to an R&R releases the Court from its duty to independently review the
matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, because Plaintiff has failed to file any objections to the R&R,
IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant
Defendant’s Motion for Summary Judgment is ADOPTED.
IT IS FURTHER ORDERED that (1) Defendant's Motion for Summary
Judgment (ECF #19) is GRANTED and (2) Plaintiff's Motion for Summary
Judgment (ECF #15) is DENIED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: August 22, 2016

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 22, 2016, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]
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