Deshalla v. COLVIN

Filing 20

OPINION and ORDER Adopting 19 Report and Recommendation to Deny Plaintiff's 14 Motion for Summary Judgment and to Grant Defendant's 15 Motion for Summary Judgment. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LORI DESHALLA,
Plaintiff,

CASE NO. 16-13074
HON. DENISE PAGE HOOD

v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
/

OPINION AND ORDER ADOPTING REPORT AND
RECOMMENDATION [#19] TO DENY PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [#14] AND TO GRANT DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT [#15]

This matter is before the Court on a Report and Recommendation (Doc # 19)
filed by Magistrate Judge Anthony P. Patti on Plaintiff Lori Deshalla’s Motion for
Summary Judgment (Doc # 14), and Defendant Commissioner of Social Security’s
Motion for Summary Judgment (Doc # 15). To date, no objections were filed to the
Report and Recommendation, and the time to file such has passed. The Court
ACCEPTS and ADOPTS the Report and Recommendation, DENIES Deshalla’s
Motion for Summary Judgment and GRANTS the Commissioner’s Motion for
Summary Judgment.
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The background facts of this matter are adequately set forth in the Magistrate
Judge’s Report and Recommendation, and the Court adopts them here.
The standard of review by the district court when examining a Report and
Recommendation is set forth in 28 U.S.C. § 636. This Court “shall make a de novo
determination of those portions of the report or the specified proposed findings or
recommendations to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). The
court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id. In order to preserve the right
to appeal the magistrate judge’s recommendation, a party must file objections to the
Report and Recommendation within fourteen (14) days of service of the Report and
Recommendation. Fed. R. Civ. P. 72(b)(2). Failure to file specific objections
constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140,
155 (1985); Howard v. Sec’y of Health & Human Servs., 932 F.2d 505, 508-09 (6th
Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
After review of the Magistrate Judge’s Report and Recommendation, the
Court finds that his findings and conclusions are correct. The Court agrees with the
Magistrate Judge that the Administrative Law Judge (“ALJ”) was correct in finding
that Plaintiff’s severe impairments did not meet or equal any impairment listed in 20
C.F.R. Part 404, Subpart P, Appendix 1 (Doc # 12-2, Pg ID 31). The ALJ was not
required to “spell[] out every consideration that went into the step three
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determination.” Bledsoe v. Barnhart, 165 F. App’x 408, 411 (6th Cir. 2006). The
ALJ provided sufficient support for its conclusion throughout the opinion. (see Doc
# 12-2, Pg ID 34, 35, 37) The Court also agrees with the Magistrate Judge that the
ALJ provided substantial evidence for the decision to give the opinion evidence of
Deshalla’s treating physician less than controlling weight. (see Doc # 12-2, Pg ID
34-36)
Accordingly,
IT IS ORDERED that Magistrate Judge Anthony P. Patti’s Report and
Recommendation (Doc # 19) is ACCEPTED and ADOPTED as this Court’s
findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendant Commissioner of Social
Security’s Motion for Summary Judgment (Doc # 15) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff Deshalla’s Motion for Summary
Judgment (Doc # 14) is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED with prejudice.

Dated: September 15, 2017

s/Denise Page Hood
Chief, U.S. District Court

I hereby certify that a copy of the foregoing document was served upon
counsel of record on September 15, 2017, by electronic and/or ordinary mail.
s/Julie Owens Acting in the Absence of LaShawn R. Saulsberry
Case Manager
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