Claybrook v. Social Security Administration, Commissioner of

Filing 19

ORDER Adopting 18 Report and Recommendation for Denying 13 Motion for Summary Judgment filed by Elliott Claybrook, and Granting 17 Motion for Summary Judgment filed by Social Security Administration, Commissioner of. Signed by District Judge Sean F. Cox. (JMcC)

Case 2:19-cv-13682-SFC-PTM ECF No. 19, PageID.1227 Filed 01/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Elliott Claybrook,
Plaintiff,
Civil Case No. 19-13682
v.
Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING
12/22/20 REPORT AND RECOMMENDATION
Plaintiff Elliott Claybrook filed this action seeking judicial review of Defendant
Commissioner’s final decision denying his application for Title II Disability Insurance Benefits.
The matter was referred to Magistrate Judge Patricia T. Morris for determination of all nondispositive motions under 28 U.S.C. § 636(b)(1)(A) and issuance of a report and
recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Thereafter, the parties filed
cross-motions for summary judgment.
In a Report and Recommendation (“R&R”) issued on December 22, 2020, the magistrate
judge recommends that the Court: 1) deny Plaintiff’s motion; 2) grant the Commissioner’s
motion; and 3) affirm the ALJ’s decision.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the

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Case 2:19-cv-13682-SFC-PTM ECF No. 19, PageID.1228 Filed 01/08/21 Page 2 of 2

magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. The Court hereby ADOPTS the December 22, 2020
R&R.
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED.
IT IS FURTHER ORDERED that the Commissioner’s Motion for Summary Judgment is
GRANTED and the ALJ’s decision is AFFIRMED.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: January 8, 2021

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