Jackson v. BERRYHILL

Filing 23

ORDER Adopting 20 Report and Recommendation, GRANTING 18 Motion for Summary Judgment filed by NANCY A BERRYHILL and DENYING 16 Motion for Summary Judgment filed by Kenneth Jackson Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KENNETH JACKSON,
Plaintiff,
v.

CASE NO: 17-CV-11924

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on cross motions for summary judgment. The
case was referred to United States Magistrate R. Steven Whalen pursuant to 28 U.S.C.
§636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on July 12,
2018 recommending that this court deny plaintiff’s motion for summary judgment, and
grant defendant’s motion for summary judgment. No objections have been filed
pursuant to 28 U.S.C. §636(b)(1)(C), thus further appeal rights are waived.1
Accordingly, the court ADOPTS the recommended findings and conclusions of
the Magistrate Judge.

ORDER

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The failure to object to the magistrate judge's report releases the court from its duty to
independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).

IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report
and Recommendation, the Plaintiff’s [16] Motion for Summary Judgment is DENIED
and Defendant’s [18] Motion for Summary judgment is GRANTED.

IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: August 28, 2018

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, August 28, 2018, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

2