Gates v. Social Security
ORDER Regarding Report and Recommendation 18 , GRANTING IN PART Plaintiff's Motion for Summary Judgment 12 , and DENYING Defendant's Motion for Summary Judgment 16 . Signed by District Judge Laurie J. Michelson. (KJac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
RAYNA C. GATES,
Case No. 16-12672
Honorable Laurie J. Michelson
Magistrate Judge Stephanie Dawkins Davis
COMMISSIONER OF SOCIAL SECURITY,
ORDER REGARDING REPORT AND RECOMMENDATION ,
GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ,
AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 
Before the Court is Magistrate Judge Stephanie Dawkins Davis’ Report and
Recommendation. (R. 18.) At the conclusion of her August 23, 2017 Report and
Recommendation, Magistrate Judge Davis notified the parties that they were required to file any
objections within 14 days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and
Eastern District of Michigan Local Rule 72.1(d), and that “[f]ailure to file specific objections
constitutes a waiver of any further right of appeal.” (R. 18, PID 681.) It is now September 8,
2017. As such, the time to file objections has expired. And no objections have been filed.
The Court finds that the parties’ failure to object is a procedural default, waiving review
of the Magistrate Judge’s findings by this Court. In United States v. Walters, 638 F.2d 947, 949–
50 (6th Cir. 1981), the Sixth Circuit established a rule of procedural default, holding that “a party
shall file objections with the district court or else waive right to appeal.” And in Thomas v. Arn,
474 U.S. 140, 144 (1985), the Supreme Court explained that the Sixth Circuit’s waiver-ofappellate-review rule rested on the assumption “that the failure to object may constitute a
procedural default waiving review even at the district court level.” 474 U.S. at 149; see also
Garrison v. Equifax Info. Servs., LLC, No. 10-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr.
16, 2012) (“The Court is not obligated to review the portions of the report to which no objection
was made.” (citing Thomas, 474 U.S. at 149–52)). The Court further held that this rule violates
neither the Federal Magistrates Act nor the Federal Constitution.
The Court therefore finds that the parties have waived further review of the Magistrate
Judge’s Report and accepts her recommended disposition. It follows that this Court GRANTS IN
PART and DENIES IN PART Plaintiff’s motion for summary judgment (R. 12), DENIES
Defendant’s motion for summary judgment (R. 16), and REMANDS the case pursuant to 42
U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with
the Magistrate Judge’s Report and Recommendation. As this order resolves this litigation, a
separate judgment will issue.
Dated: September 8, 2017
s/Laurie J. Michelson
LAURIE J. MICHELSON
U.S. DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court=s ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on September 8, 2017.
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