Baxter v. Commissioner of Social Security Administration

Filing 32

ORDER (1) Granting Defendant's 26 Motion for Summary Judgment and (2) Denying Plaintiff's 22 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHERRY BAXTER,
Plaintiff,

Case No. 16-cv-13661
Hon. Matthew F. Leitman

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT (ECF #26) AND (2) DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT (ECF #22)
In this action, Plaintiff Sherry Baxter (“Plaintiff”) challenges the denial of her
application for disability insurance. (See Compl., ECF #1.)

Plaintiff and the

Commissioner of Social Security (“Defendant”) have now filed cross-motions for
summary judgment. (See ECF ## 22, 26.)
On May 31, 2018, the assigned Magistrate Judge issued a Report and
Recommendation recommending that the Court grant Defendant’s motion and deny
Plaintiff’s motion (the “R&R”). (See ECF #31.) At the conclusion of the R&R, the
Magistrate Judge informed the parties that if they wanted to seek review of his
recommendation, they needed to file specific objections with the Court within
fourteen days. (See id. at Pg. ID 2130-31.)
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Plaintiff has not filed any objections to the R&R. The failure to file objections
to an R&R waives any further right to appeal. See Howard v. Sec'y of Health and
Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers
Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to
an R&R releases the Court from its duty to independently review the matter. See
Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, because Plaintiff has failed to file any objections to the R&R,
IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant
Defendant’s Motion for Summary Judgment is ADOPTED.
IT IS FURTHER ORDERED that (1) Defendant's Motion for Summary
Judgment (ECF #26) is GRANTED and (2) Plaintiff's Motion for Summary
Judgment (ECF #22) is DENIED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: July 20, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 20, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]
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