Maciag v. BERRYHILL

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 15) AND GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (Doc. 13) AND DISMISSING CASE Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JANICE RENAE MACIAG,
Plaintiff,
Case No. 18-11540
v.
HON. AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 15)
AND
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 14)
AND
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 13)
AND
DISMISSING CASE
I.
This is a social security case. Plaintiff Janice Ranae Maciag appeals from the
final determination of the Commissioner of Social Security (Commissioner) that she is
not disabled and therefore not entitled to disability insurance benefits. The matter was
referred to a magistrate judge for all pretrial proceedings. Plaintiff and the
Commissioner filed cross motions for summary judgment. See Docs. 13, 14.
On July 31, 2019, the magistrate judge issued a report and recommendation
(MJRR) recommending that the Commissioner’s motion be granted, that plaintiff’s
motion be denied, and the case be dismissed. (Doc.15).

II.
Neither party has filed objections to the MJRR and the time for filing objections
has passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d
1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's
report releases the Court from its duty to independently review the motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985). The Court has reviewed the MJRR and agrees with the
magistrate judge’s recommendations.
Accordingly, the findings and conclusions of the magistrate judge are ADOPTED
as the findings and conclusions of the Court. The Commissioner’s motion for summary
judgment is GRANTED. Plaintiff’s motion for summary judgment is DENIED. This case
is DISMISSED.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT
JUDGE

Dated: 8/29/2019
Detroit, Michigan

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