Davis v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 27) AND GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT (Doc. 24) AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (Doc. 18) AND AFFIRMING THE COMMISSIONERS DECISIONAND DISMISSING CASE Signed by District Judge Avern Cohn. (MVer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
MICHELE C. DAVIS,
Case No. 16-14470
HONORABLE AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 27)
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 24)
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 18)
AND AFFIRMING THE COMMISSIONER’S DECISION
AND DISMISSING CASE
This is a social security case. Plaintiff appeals from the final determination of the
Commissioner of Social Security (Commissioner) that she is not disabled and therefore
not entitled to disability insurance benefits. The matter was referred to a magistrate
judge for pretrial proceedings. Plaintiff and the Commissioner filed cross motions for
summary judgment. (Docs. 18, 24). The magistrate judge issued a report and
recommendation (MJRR) recommending that the Commissioner’s motion be granted,
that plaintiff’s motion be denied, the Commissioner’s decision be affirmed, and the case
dismissed. (Doc. 27).
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation 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 motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985).
Accordingly, the findings and conclusions of the magistrate judge are ADOPTED
as the findings and conclusions of the Court. The Commissioner’s motion for summary
judgment is GRANTED. Plaintiff’s motion for summary judgment is DENIED. The
Commissioner’s decision is AFFIRMED. This case is DISMISSED.
UNITED STATES DISTRICT JUDGE
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