Pettit v Carolyn Colvin

Filing 21

ORDER Adopting 20 Report and Recommendation, Granting 18 Motion for Summary Judgment filed by CAROLYN W COLVIN, Denying 17 Motion for Summary Judgment filed by Kimberly Pettit, Affirming Decision of the Commissioner, and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KIMBERLY PETTIT,
Plaintiff,
v.

Case Number 16-12811
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AFFIRMING DECISION OF THE COMMISSIONER,
AND DISMISSING COMPLAINT
Presently before the Court is the report issued on August 14, 2017 by Magistrate Judge
Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s
motion for summary judgment, grant the defendant’s motion for summary judgment, and affirm the
decision of the Commissioner. Although the magistrate judge’s report stated that the parties to this
action may object to and seek review of the recommendation within fourteen days of service of the
report, no objections have been filed. The parties’ failure to file objections to the report and
recommendation waives any further right to appeal. Smith v. Detroit Fed’n 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 matter. Thomas v. Arn, 474 U.S. 140,
149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#20] is ADOPTED.

It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #17] is
DENIED.
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #18] is
GRANTED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 29, 2017
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 29, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI

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