WOLFE v. Social Security

Filing 20

ORDER Accepting and Adopting Report and Recommendation 19], Denying Plaintiff's 13 Motion for Summary Judgment, Granting Defendant's 18 Motion for Summary Judgment and Dismissing Action. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SCOTT R. WOLFE,
Plaintiff,
Case No.: 16-cv-13620
Honorable Gershwin A. Drain

v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#19], DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [#13], GRANTING DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT [#18] AND DISMISSING ACTION

This matter is before the court on the parties’ Cross-Motions for Summary
Judgment as to Plaintiff Scott R. Wolfe’s claim for judicial review of Defendant
Commissioner of Social Security’s denial of his application for disability insurance
benefits and supplemental security income. The matter was referred to Magistrate
Judge R. Steven Whalen, who issued a Report and Recommendation on November
26,2017, recommending that the Court deny Plaintiff’s Motion for Summary
Judgment and grant Defendant’s Motion for Summary Judgment.

Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation, and the time for filing objections has expired. See 28 U.S.C. §
636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the
correct conclusion.

Therefore, the Court hereby ACCEPTS and ADOPTS

Magistrate Judge Whalen’s November 26, 2017 Report and Recommendation
[#19] as this Court’s findings of fact and conclusions of law. Plaintiff’s Motion for
Summary Judgment [#13] is DENIED.

Defendant’s Motion for Summary

Judgment [#18] is GRANTED.
This cause of action is dismissed.
SO ORDERED.
Dated: December 28, 2017

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
December 28, 2017, by electronic and/or ordinary mail.
/s/ Teresa McGovern for Tanya Bankston
Case Manager
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