Carbary v. SAUL

Filing 21

ORDER Adopting 20 Report and Recommendation Denying Plaintiff's 17 Motion for Summary Judgment and Granting Defendant's 18 Motion for Summary Judgment. Signed by District Judge George Caram Steeh. (BSau)

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Case 2:20-cv-11292-GCS-EAS ECF No. 21, PageID.1106 Filed 09/07/21 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MELANIE CARBARY, Plaintiff, Case No. 20-CV-11292 vs. HON. GEORGE CARAM STEEH COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. _____________________________/ ORDER ACCEPTING R&R (ECF No. 20), DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF No. 17) AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 18) Plaintiff Melanie Carbary brought this action pursuant to 42 U.S.C. § 405(g), challenging the final decision of defendant Commissioner of Social Security denying her application for disability insurance benefits (“DIB”) and supplemental security income (“SSI”). Both parties filed summary judgment motions that were referred to the Magistrate Judge for Report and Recommendation (“R&R”). The Magistrate Judge issued her R&R on August 19, 2021, recommending that plaintiff’s motion be denied, defendant’s motion be granted, and the ALJ’s decision be affirmed. No timely objections were filed to the R&R. The court has reviewed the file, record, and Magistrate Judge's R&R. This court agrees with the -1- Case 2:20-cv-11292-GCS-EAS ECF No. 21, PageID.1107 Filed 09/07/21 Page 2 of 2 analysis conducted by the Magistrate Judge, and therefore accepts her recommendation. Now, therefore, IT IS HEREBY ORDERED that plaintiff’s motion for summary judgment (ECF No. 17) is DENIED. IT IS HEREBY FURTHER ORDERED that defendant’s motion for summary judgment (ECF No. 18) is GRANTED. IT IS HEREBY FURTHER ORDERED that judgment enter for defendant. Dated: September 7, 2021 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on September 7, 2021, by electronic and/or ordinary mail. s/Brianna Sauve Deputy Clerk -2-

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