Scott v. Social Security

Filing 18

ORDER Accepting and Adopting Report and Recommendation for 17 Report and Recommendation, Granting Defendant's 16 Motion for Summary Judgment, and Denying Plaintiff's 13 for Summary Judgment. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHAWN L. SCOTT,
Plaintiff,

Case No. 18-cv-10261

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#17], GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT [#16], AND DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT [#13]
This matter is before the Court on Plaintiff’s and Defendant’s cross-motions
for summary judgment. Dkt. No. 13; Dkt. No. 16. The Court referred this matter
to Magistrate Judge David R. Grand, who issued a Report and Recommendation on
November 5, 2018, recommending that the Court grant Defendant’s Motion for
Summary Judgment and deny Plaintiff’s Motion for Summary Judgment. Dkt. No.
17. Neither party has filed an objection to the Magistrate Judge’s Report and
Recommendation, and the time for filing objections has expired. See 28 U.S.C. §
636(b)(1)(C) (“Within fourteen days after being served with a copy, any party may
serve and file written objections to such proposed findings and recommendations

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as provided by the rules of the court.”). Upon review of the parties’ briefs and the
Magistrate Judge’s Report and Recommendation, the Court concludes that the
Magistrate reached the correct conclusion.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Grand’s
November 5, 2018 Report and Recommendation [#17] as this Court’s findings of
fact and conclusions of law. Defendant’s Motion for Summary Judgment [#16] is
hereby GRANTED and Plaintiff’s Motion for Summary Judgment [#13] is
DENIED.
IT IS SO ORDERED.

Dated:

November 26, 2018
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, November 26, 2018, by electronic and/or ordinary mail.
s/Teresa McGovern
Case Manager

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