Cloutier v. Social Security, Commissioner of

Filing 20

OPINION and ORDER 19 REPORT AND RECOMMENDATION re 17 MOTION to Dismiss and Affirming the Commissioner's Decision - Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DAWN MARIE CLOUTIER,
Case No. 17-13722
Plaintiff,
Honorable Nancy G. Edmunds
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JULY 31, 2018
REPORT AND RECOMMENDATION [19], GRANTING DEFENDANT'S MOTION [17],
AND AFFIRMING THE COMMISSIONER'S DECISION
This matter came before the Court on the Magistrate Judge’s July 31, 2018 report and
recommendation. (Dkt. # 19). The Magistrate Judge recommended that the Court convert
Defendant's unopposed motion to dismiss to a motion for summary judgment and grant
Defendant’s motion. Neither party has filed objections. “[T]he failure to object to the
magistrate judge’s report[] releases the Court from its duty to independently review the
matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012)
(citing Thomas v. Arn, 474 U.S. 140 (1985)).

The Court nevertheless agrees with the

Magistrate Judge’s recommendation.
Being fully advised in the premises, having read the pleadings, and for the reasons
set forth above, the Court ACCEPTS and ADOPTS the Magistrate Judge’s report and
recommendation (Dkt. # 19), converts Defendant's unopposed motion to dismiss to a
motion for summary judgment, GRANTS Defendant's motion (Dkt. # 17), and AFFIRMS the
decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g).

SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: August 24, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of
record on August 24, 2018, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager

2