Rizzo v. BERRYHILL
Filing
17
ORDER Adopting 16 Report and Recommendation Granting 15 Motion for Summary Judgment filed by NANCY A BERRYHILL, Denying 14 Motion for Summary Judgment filed by Robert Rizzo, and Affirming the Decision of the Commissioner. Signed by District Judge David M. Lawson. (SPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT RIZZO,
Plaintiff,
v.
Case Number 17-12894
Honorable David M. Lawson
Magistrate Judge David R. Grand
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AFFIRMING DECISION OF THE COMMISSIONER,
AND DISMISSING COMPLAINT
Presently before the Court is the report issued on June 11, 2018 by Magistrate Judge David
R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s motion
for summary judgment, grant the defendant’s motion for summary judgment, and affirm the decision
of the Commissioner. Although the report stated that the parties to this action could object to and
seek review of the recommendation within fourteen days of service of the report, no objections have
been filed thus far. The parties’ failure to file objections to the report and recommendation waives
any further right to appeal. Smith v. Detroit Fed’n 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 matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However,
the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [16]
is ADOPTED.
It is further ORDERED that the plaintiff’s motion for summary judgment [14] is DENIED.
It is further ORDERED that the defendant’s motion for summary judgment [15] is
GRANTED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: June 29, 2018
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on June 29, 2018.
s/Susan Pinkowski
SUSAN PINKOWSKI
-2-
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