Smitherman v. BERRYHILL

Filing 21

ORDER Adopting Report and Recommendation granting 19 Motion for Summary Judgment filed by NANCY A BERRYHILL, denying 16 Motion for Summary Judgment filed by Kevin Smitherman Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KEVIN SMITHERMAN,
Plaintiff,
Case No. 17-12607
v.
Hon. Marianne O. Battani
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kevin Smitherman brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Defendant Commissioner of Social Security denying
his applications for disability insurance benefits under Title II of the Social Security Act,
42 U.S.C. § 401 et seq., and for supplemental security income under Title XVI of the
Act, 42 U.S.C. § 1381 et seq. The case was referred to Magistrate Judge David R.
Grand pursuant to 28 U.S.C. § 636(b)(1)(B) for review of the Commissioner’s decision.
The parties filed cross-motions for summary judgment. In a report and
recommendation ("R & R") dated May 7, 2018, the Magistrate Judge recommended that
the Court deny Plaintiff’s motion for summary judgment, grant Defendant’s motion for
summary judgment, and affirm the decision of the Defendant Commissioner. The
Magistrate Judge also informed the parties that any desired objections to the R & R
were to be filed within 14 days after service of the R & R, and that a party’s failure to file

objections would constitute a waiver of any further right of appeal. (Dkt. 20, R & R at
14.)
Neither party has filed objections to the R & R. Because no objections have
been filed, the parties have waived their right to de novo review and appeal. Moreover,
having reviewed the R & R and the remainder of the record, this Court fully concurs in
the Magistrate Judge’s analysis and recommended disposition of this case.
Accordingly, the Court ADOPTS the Magistrate Judge’s May 7, 2018 report and
recommendation (Dkt. 20). In accordance with the Magistrate Judge’s R & R, the Court
DENIES Plaintiff’s motion for summary judgment (Dkt. 16), GRANTS Defendant’s
motion for summary judgment (Dkt. 19), and AFFIRMS the final administrative decision
of the Defendant Commissioner of Social Security.
IT IS SO ORDERED.
Date: September 24, 2018

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on September 24, 2018.
s/ Kay Doaks
Case Manager

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