Lockhart v. Social Security

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 14) AND GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT (Doc. 13) AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (Doc. 12) AND DISMISSING CASE Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DRUSILLA ANN LOCKHART,
Plaintiff,
Case No. 16-12303
v.
HONORABLE AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 14)
AND
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 13)
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 12)
AND DISMISSING CASE
I.
This is a social security case. Plaintiff appeals from the final determination of the
Commissioner of Social Security (Commissioner) that she is not disabled and therefore
not entitled to disability insurance benefits. The matter was referred to a magistrate
judge for pretrial proceedings. Plaintiff and the Commissioner filed cross motions for
summary judgment. (Docs. 12, 13). The magistrate judge issued a report and
recommendation (MJRR) recommending that the Commissioner’s motion be granted,
that plaintiff’s motion be denied, and the case dismissed. (Doc. 14).
II.
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any

further right to appeal. Smith v. Detroit Federation 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 motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985). That said, the Court has reviewed the MJRR and
agrees with the magistrate judge’s findings and conclusions.
Accordingly, the findings and conclusions of the magistrate judge are ADOPTED
as the findings and conclusions of the Court. The Commissioner’s motion for summary
judgment is GRANTED. Plaintiff’s motion for summary judgment is DENIED. This case
is DISMISSED.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: September 19, 2017
Detroit, Michigan

2