Bush v. Saul

Filing 18

ORDER Adopting 17 Report and Recommendation, Denying 13 Motion for Summary Judgment; Granting 15 Motion for Summary Judgment. Signed by District Judge Stephen J. Murphy, III. (DPar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS BUSH,
Case No. 2:20-cv-11893

Plaintiff,

HONORABLE STEPHEN J. MURPHY, III

v.
ANDREW SAUL,
Defendant.

/

ORDER ADOPTING REPORT
AND RECOMMENDATION [17], DENYING PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT [13], AND GRANTING
THE COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT [15]

The Commissioner of the Social Security Administration ("SSA") denied
Plaintiff Thomas Bush's application for Disability Insurance Benefits in a decision
issued by an Administrative Law Judge ("ALJ"). ECF 11, PgID 47–55. After the SSA
Appeals Council declined to review the ruling, Plaintiff appealed. The Court referred
the matter to Magistrate Judge David R. Grand. ECF 3. The case was then reassigned
to Magistrate Judge Kimberly Altman, 20-AO-049, and the parties filed cross-motions
for summary judgment, ECF 13; 15. Magistrate Judge Altman issued a Report and
Recommendation ("Report") and suggested the Court deny Plaintiff's motion and
grant the Commissioner's motion. ECF 17. Civil Rule 72(b) governs review of a
magistrate judge's report and recommendation. De novo review of the magistrate
judge's findings is required only if the parties "serve and file specific written
objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2).

Because neither party filed objections, de novo review of the Report's conclusions is
not required. After reviewing the record, the Court finds that Judge Altman's
conclusions are factually based and legally sound. Accordingly, the Court will adopt
the Report's findings, deny Plaintiff's motion for summary judgment, and grant the
Commissioner's motion for summary judgment.
ORDER
WHEREFORE, it is hereby ORDERED that the Magistrate Judge's Report
and Recommendation [17] is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment
[13] is DENIED.
IT IS FURTHER ORDERED that the Commissioner's Motion for Summary
Judgment [15] is GRANTED.
IT IS FURTHER ORDERED that the case is DISMISSED WITH
PREJUDICE.
This is a final order that closes the case.
SO ORDERED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: July 15, 2021
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on July 15, 2021, by electronic and/or ordinary mail.
s/David P. Parker
Case Manager