Krull v. Commissioner of Social Security

Filing 20

ORDER Adopting Report and Recommendation GRANTING 16 Motion for Summary Judgment filed by Commissioner of Social Security, 17 Report and Recommendation, DENYING 14 Motion for Summary Judgment filed by Linda Krull Signed by District Judge Marianne O. Battani. (KDoa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LINDA KRULL, Plaintiff, CASE NO. 2:16-cv-10575 v. HON. MARIANNE O. BATTANI COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________ __________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; GRANTING THE COMMISSIONER’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; AND AFFIRMING THE COMMISSIONER’S FINDINGS Plaintiff Linda Krull has brought this action challenging the Defendant Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act. The case was referred to Magistrate Judge Patricia T. Morris pursuant to 28 U.S.C. § 636(b)(1). Both parties filed dispositive motions, and in a Report and Recommendation ("R&R") dated December 21, 2016, Magistrate Judge Morris recommended that the Commissioner’s Motion for Summary Judgment be granted; that Plaintiff’s Motion for Summary Judgment be denied; and that the ALJ’s decision be affirmed. (Doc. 17). In the R&R, the Magistrate Judge informed the parties that objections to the R&R must be filed within fourteen days of service and that a party’s failure to file objections 1 would waive any further right of appeal. (Id., pp. 32-33). Neither party filed objections. Because no objections have been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation (Doc. 17), GRANTS the Commissioner’s Motion for Summary Judgment (Doc. 16), and DENIES Plaintiff’s Motion for Summary Judgment (Doc. 14). The Court therefore AFFIRMS the Commissioner’s findings and conclusions. IT IS SO ORDERED. Date: March 3, 2017 s/Marianne O. Battani MARIANNE O. BATTANI United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on March 3, 2017. s/ Kay Doaks Case Manager 2

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