Lecea v. Social Security, Commissioner of

Filing 21

ORDER Adopting Magistrate Judge's 20 Report and Recommendation. Signed by District Judge George Caram Steeh. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARIA LECEA, Plaintiff, Case No.16-CV-10906 HON. GEORGE CARAM STEEH MAG. JUDGE MONA MAJZOUB vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________/ ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [DOC. 20] This matter is before the court on the parties' cross-motions for summary judgment as to plaintiff Maria Lecea’s claim for judicial review of defendant Commissioner of Social Security's (“Commissioner”) decision that she is not disabled, and denying her application for disabled widow’s insurance benefits and supplemental security income. Magistrate Judge Majzoub issued a report and recommendation recommending that plaintiff's motion for summary judgment be denied, defendant’s motion for summary judgment be granted, and the Commissioner’s non-disability finding be affirmed. The court has reviewed the file, record, and magistrate judge's report -1- and recommendation. Objections to that report have not been filed by either party and the time period for doing so has expired. The failure to file objections to a report and recommendation generally constitutes a waiver of the right to appeal the judgment of the district court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). Accordingly, IT IS HEREBY ORDERED that the court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 20). IT IS FURTHER ORDERED that plaintiff’s motion for summary judgment (Doc. 14) is DENIED and the Commissioner’s motion for summary judgment (Doc. 17) is GRANTED for the reasons set forth in the report and recommendation. IT IS FURTHER ORDERED that the Commissioner’s non-disability finding is AFFIRMED. Dated: March 9, 2017 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on March 9, 2017, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk -2-

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