Carsten v. Commissioner of Social Security

Filing 17

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSEPH CARSTEN, Plaintiff, v. Case Number 15-14379 Honorable David M. Lawson Magistrate Judge Stephanie Dawkins Davis COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________/ 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 DENIED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #15] is GRANTED. 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. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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