Coyer v. Berryhill
Filing
14
OPINION & ORDER (1) Accepting the Recommendation Contained in the Magistrate Judge's Report and Recommendation Dated July 9, 2019 (Dkt. 13 ), (2)Denying Plaintiff's Motion for Summary Judgment (Dkt. 11 ), and (3)Granting Defendant's Motion for Summary Judgment (Dkt. 12 ). Signed by District Judge Mark A. Goldsmith. (BSau)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STACY ANN COYER,
Plaintiff,
vs.
Case No. 18-11072
HON. MARK A. GOLDSMITH
ACTING COMMISSIONER
NANCY A BERRYHILL,
Defendant.
___________________________________/
OPINION & ORDER
(1) ACCEPTING THE RECOMMENDATION CONTAINED IN THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION DATED JULY 9, 2019 (Dkt. 13),
(2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Dkt. 11), AND
(3) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Dkt. 12)
This matter is presently before the Court on the Report and Recommendation (“R&R”) of
Magistrate Judge Anthony P. Patti, issued on July 9, 2019. In the R&R, the Magistrate Judge
recommends that the Court deny Plaintiff Stacy Ann Coyer’s motion for summary judgment
(Dkt. 11), and grant Defendant Nancy A. Berryhill’s motion for summary judgment (Dkt. 12).
The parties have not filed objections to the R&R, and the time to do so has expired. See
Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of
the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not
appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those
findings.”); Smith v. Detroit Fed’n of Teachers, 829 F.2d 1370, 1373-1374 (6th Cir. 1987)
(failure to file objection to R&R “waived subsequent review of the matter”); Cephas v. Nash,
328 F.3d 98, 108 (2d Cir. 2003) (“As a rule, a party’s failure to object to any purported error or
omission in a magistrate judge’s report waives further judicial review of the point.”); Lardie v.
Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (“As to the parts of the report and
recommendation to which no party has objected, the Court need not conduct a review by any
standard.”). However, there is some authority that a district court is required to review the R&R
for clear error. See Fed. R. Civ. P. 72 Advisory Committee Note Subdivision (b) (“When no
timely objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation.”). Therefore, the Court has reviewed the
R&R for clear error. On the face of the record, the Court finds no clear error and accepts the
recommendation.
Accordingly, the Court accepts the recommendation contained in the Magistrate Judge’s
R&R (Dkt. 13).
The Court DENIES Coyer’s motion for summary judgment (Dkt. 11),
GRANTS Defendant’s motion for summary judgment (Dkt. 12), and AFFIRMS the
Commissioner’s decision.
SO ORDERED.
Dated: July 25, 2019
Detroit, Michigan
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
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