Mathews v. Social Security, Commissioner of

Filing 33

ORDER Adopting 32 Report and Recommendation for Granting 21 Motion for Summary Judgment filed by Social Security, Commissioner of, and Denying 29 Motion for Summary Judgment filed by Tracy Earlene Mathews Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Tracey Earlene Mathews,
Plaintiff,
v.

Case No. 16-12586

Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING
11/28/17 REPORT AND RECOMMENDATION
Plaintiff filed this action under 42 U.S.C. § 405(g), seeking judicial review of Defendant
Commissioner of Social Security’s denial of benefits. The matter was referred to Magistrate
Judge Steven Whalen for determination of all non-dispositive motions pursuant to 28 U.S.C. §
636(b)(1) and Report and Recommendation pursuant to § 636(b)(1)(B) and (C). Thereafter, the
parties filed motions for summary judgment.
On November 28, 2017, Magistrate Judge Whalen issued a Report and Recommendation
(“R&R”) (Docket Entry No. 32) wherein he recommends that the Court deny Plaintiff’s Motion
for Summary Judgment, grant Defendant’s Motion for Summary Judgment, and affirm the
Commissioner’s decision.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
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magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. The Court hereby ADOPTS the November 28, 2017,
R&R.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED,
Defendant’s Motion for Summary Judgment is GRANTED, and the Commissioner’s decision is
AFFIRMED.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: January 12, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record on
January 12, 2018, by electronic and/or ordinary mail.
s/Jennifer McCoy
Case Manager

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