Smith v. BERRYHILL

Filing 16

ORDER Adopting 15 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
2:18-CV-11452-TGB

MISTY SMITH,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.
NANCY A BERRYHILL,
Defendant.

This matter is before the Court on Magistrate Judge Stephanie
Dawkins Davis’ June 30, 2019 Report and Recommendation (ECF No.
15), recommending granting Defendant’s Motion for Summary Judgment
(ECF No. 14) and denying Plaintiff’s Cross-Motion (ECF No. 11).
The Court has reviewed the Magistrate Judge’s Report and
Recommendation. The law provides that either party may serve and file
written objections “[w]ithin fourteen days after being served with a copy”
of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court
will make a “de novo determination of those portions of the report . . . to
which objection is made.” Id. Where, as here, neither party objects to

the report, the district court is not obligated to independently review the
record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will
therefore accept the Magistrate’s Report and Recommendation of June
30, 2019 as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Davis’
Report and Recommendation of June 30, 2019 is ACCEPTED and
ADOPTED. It is FURTHER ORDERED that Defendant’s Motion for
Summary Judgment (ECF No. 14) is GRANTED, Plaintiff’s CrossMotion for Summary Judgment (ECF No. 11) is DENIED, the
Commissioner’s findings of fact are AFFIRMED, and this case is
DISMISSED.

SO ORDERED.

DATED: July 18, 2019.
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge