Hitsman v. Commissioner

Filing 20

ORDER Adopting 19 Report and Recommendation; Denying Plaintiff's 15 Motion for Summary Judgment; and Granting Defendant's 18 Motion for Summary Judgment. Signed by District Judge Stephen J. Murphy, III. (DPar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANDREW HITSMAN, Plaintiff, Case No. 2:16-cv-12708 v. HONORABLE STEPHEN J. MURPHY, III COMMISSIONER OF SOCIAL SECURITY, MAGISTRATE ANTHONY P. PATTI Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [19], DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [15], AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [18] The Commissioner of the Social Security Administration ("SSA") denied Andrew Hitsman's application for Supplemental Security Income and Disability Insurance Benefits in a decision issued by an Administrative Law Judge ("ALJ"). The SSA Appeals Council declined to review the ruling, and Hitsman appealed. The Court referred the matter to the magistrate judge and the parties filed cross-motions for summary judgment. The magistrate judge issued a Report and Recommendation ("Report") suggesting the Court deny Hitsman's motion and grant the Commissioner’s motion. Civil Rule 72(b) governs review of a magistrate judge's report and recommendation. De novo review of the magistrate judge’s findings is only required if the parties "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). Because neither party filed timely objections, de novo review of the Report's conclusions is not required. Having examined the record, the Court finds that the magistrate judge's conclusions are factually based and legally sound. Accordingly, it is hereby ORDERED that the magistrate judge's Report and Recommendation [19] is ADOPTED, Hitsman's Motion for Summary Judgment [15] is DENIED, the Commissioner's Motion for Summary Judgment [18] is GRANTED, and the case is DISMISSED WITH PREJUDICE. SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: September 5, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 5, 2017, by electronic and/or ordinary mail. s/David P. Parker Case Manager 2

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