Carsten v. Commissioner of Social Security
ORDER Adopting 16 Report and Recommendation, Denying 13 Motion for Summary Judgment, Granting 15 Motion for Summary Judgment, Affirming the Decision of the Commissioner, and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number 15-14379
Honorable David M. Lawson
Magistrate Judge Stephanie Dawkins Davis
COMMISSIONER OF SOCIAL SECURITY,
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AFFIRMING DECISION OF THE COMMISSIONER,
AND DISMISSING COMPLAINT
Presently before the Court is the report issued on February 22, 2017 by Magistrate Judge
Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the
plaintiff’s motion for summary judgment, grant the defendant’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.
#16] is ADOPTED.
It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #13] is
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #15] is
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: March 10, 2017
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 March 10, 2017.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?