Curtis v. COLVIN

Filing 20

ORDER Adopting 19 Report and Recommendation, Granting 18 Motion for Summary Judgment, Denying 15 Motion for Summary Judgment, Affirming the Decision of the Commissioner, and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KATHERINE LINDA CURTIS,
Plaintiff,
v.

Case Number 16-11062
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

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 21, 2017 by Magistrate Judge R.
Steven Whalen 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.
#19] is ADOPTED.

It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #15] is
DENIED.
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #18] 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 9, 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 9, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI

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