Green v. SSA, Commissioner of

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT re 12 Report and Recommendation, 9 Motion for Summary Judgment filed by Sytaira Green, 10 Motion for Summary Judgment filed by SSA, Commissioner of Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SYTAIRA GREEN,
Plaintiff,

CASE NO. 17-13528
HON. MARIANNE O. BATTANI

COMMISSIONER
OF SOCIAL SECURITY,
Defendant.
_________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Sytaira Green brings this action pursuant to 42 U.S.C. § 405 (g),
challenging the final decision of the Commissioner denying her claim for disability
benefits. The case was referred to Magistrate Judge Stephanie Dawkins Davis pursuant
to 28 U.S.C. § 636(b)(1)(B) to review the final decision.
The parties filed cross-motions for summary judgment. In a Report and
Recommendation (“R&R”) dated January 31, 2019, Magistrate Judge Davis
recommended that Defendant’s motion be granted and Plaintiff’s motion be denied. In
her R&R, the Magistrate Judge informed the parties that objections to the R&R needed
to be filed within 14 days of service and that a party’s failure to file objections would
waive any further right of appeal. (ECF No. 12 at Page 19).
Neither party filed an objection. Because no objection has been filed in this case,
the parties waived their right to de novo review and appeal. Moreover, this Court
agrees with the thorough analysis contained in the R&R.

Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation,
GRANTS Defendant’s Motion for Summary Judgment and DENIES Plaintiff’s Motion for
Summary Judgment, and the findings of the Commissioner are AFFIRMED.

IT IS SO ORDERED.

Date: March 8, 2019

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 March 8, 2019.
s/ Kay Doaks
Case Manager

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