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)

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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 1 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 2

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