Nickowski v. Commissioner of Social Security

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATION AND GRANTING 23 DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS 17 MOTION FOR SUMMARY JUDGMENT Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS NICKOWSKI,
Plaintiff,
v.

CASE NO. 16-11814
HON. MARIANNE O. BATTANI

COMMISSIONER
OF SOCIAL SECURITY,
Defendant.
_________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Thomas Nickowski brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying his application for
Supplemental Security Income under the Social Security Act, 42 U.S.C. § 401 et seq.
The case was referred to Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C.
§ 636(b)(1)(B), to review the final decision.
The parties filed cross-motions for summary judgment. In a Report and
Recommendation ("R&R") dated June 29, 2017, Magistrate Judge Whalen
recommended that Defendant's Motion for Summary Judgment be granted and that
Plaintiff's motion be denied. In his R&R, the Magistrate Judge informed the parties that
objections to the R&R needed to be filed within 14 days of service and that a party’s
failure to file objections would waive any further right of appeal. (Doc. No. 25 at 19).
Neither party filed an objection. Because no objection has been filed in this case,
the parties waived their right to de novo review and appeal. Moreover, this Court

agrees with the thorough analysis contained in the R&R.
Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation,
DENIES Plaintiff’s Motion for Summary Judgment, GRANTS Defendant’s Motion for
Summary Judgment, and AFFIRMS the Commissioner’s decision.

IT IS SO ORDERED.

Date: July 31, 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 July 31, 2017.
s/ Kay Doaks
Case Manager

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