Bott v. Colvin

Filing 19

ORDER: (I) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 18 ; (II) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 15 ; AND (III) GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT 16 . Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANIEL JOSEPH BOTT,
Plaintiff,

Case No. 16-cv-10922

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
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ORDER: (I) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [18];
(II) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [15]; AND
(III) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [16]
Daniel Joseph Bott (Plaintiff) filed this action on March 14, 2016. Dkt. No. 1.
Plaintiff sought judicial review of the Commissioner of Social Security’s
(Defendant) denial of Supplemental Security Income. Id., p. 2 (Pg. ID 2). Each party
filed a Motion for Summary Judgment. Dkt. Nos. 15, 16. The matter was referred to
Magistrate Judge David R. Grand. Dkt. No. 4.
On May 31, 2018, Magistrate Judge Grand issued a Report and
Recommendation, which recommends that the Plaintiff’s Motion for Summary
Judgment be denied and that Defendant’s Motion for Summary Judgment be
granted. Dkt. No. 18. Neither party filed an objection to Magistrate Judge Grand’s
Report and Recommendation. The time for filing objections has expired. See 28

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U.S.C. § 636(b)(1)(C). Upon review of the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct
conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Grand’s May 31, 2017 Report and Recommendation [18] as this Court’s findings of
fact and conclusions of law. Defendant’s Motion for Summary Judgment [16] is
GRANTED. Plaintiff’s Motion for Summary Judgment [15] is DENIED. The
decision of the Administrative Law Judge is AFFIRMED.
SO ORDERED.
Dated: June 28, 2017
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, June 28, 2017, by electronic and/or ordinary mail.

/s/Tanya Bankston
Case Manager, [phone]

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