Thomas v. Commissioner of Social Security

Filing 18

ORDER (1) Granting Defendant's 14 Motion for Summary Judgment and (2) Denying Plaintiff's 13 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBIN D. THOMAS, Plaintiff, Case No. 15-cv-13291 Hon. Matthew F. Leitman v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________/ ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF #14) AND (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF #13) In this action, Plaintiff Robin D. Thomas (“Plaintiff”) challenges the denial of her application for disability insurance. (See Compl., ECF #1.) Plaintiff and the Commissioner of Social Security (“Defendant”) have now filed cross-motions for summary judgment. (See ECF ## 13, 14.) On February 17, 2017, 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 #17.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at 25-26, Pg. ID 416-17.) 1 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 #14) is GRANTED and (2) Plaintiff's Motion for Summary Judgment (ECF #13) is DENIED.             s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: March 8, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 8, 2017, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 2

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