Allen v. Commissioner of Social Security

Filing 24

ORDER Adopting 23 Report and Recommendation, Denying 21 Motion for Summary Judgment filed by Ronald Allen and Granting 22 Motion for Summary Judgment filed by Commissioner of Social Security Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION (PORT HURON)

RONALD ALLEN,
Plaintiff,
v.

CASE NO: 16-CV-10154-DT

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on the parties cross motions for summary
judgment [Dkt # 21 and Dkt 22]. The case was referred to United States Magistrate
Judge Elizabeth Stafford pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The
magistrate judge issued her report on May 9, 2017 recommending that this court grant
the Commissioner’s Motion for Summary Judgment and deny Plaintiff’s Motion for
Summary Judgment. No objections have been filed pursuant to 28 U.S.C.
§636(b)(1)(C), thus further appeal rights are waived.1
Having reviewed the file and the Report, the court concludes that the findings
and conclusions of the Magistrate Judge are correct and ADOPTS the same for
purposes of this Order.

1

The failure to object to the magistrate judge's report releases the court from its duty to independently
review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).

ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report
and Recommendation, the Plaintiff’s Motion for Summary Judgment [Dkt #21] is
DENIED and Defendant’s Motion for Summary Judgment [Dkt #22] is GRANTED.

IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: June 29, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, June 29, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
(810-292-6522

2