Amennuno v. Commissioner of Social Security

Filing 22

OPINION and ORDER (1) Adopting Magistrate Judge's 21 Report and Recommendation; (2) Denying Plaintiff's 15 Motion for Summary Judgment; (3) Granting Defendant's 20 Motion for Summary Judgment; and (4) Affirming Defendant's Decision Denying Plaintiff Social Security Benefits. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES AMENNUNO,
Plaintiff,
Civil Case No. 17-10923
Honorable Linda V. Parker

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
________________________________/

OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S
NOVEMBER 16, 2017 REPORT AND RECOMMENDATION; (2)
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; (3)
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT;
AND (4) AFFIRMING DEFENDANT’S DECISION DENYING PLAINTIFF
SOCIAL SECURITY BENEFITS
On March 23, 2017, Plaintiff filed this lawsuit challenging Defendant’s final
decision denying his application for social security benefits. The following day,
this Court referred the lawsuit to Magistrate Judge David R. Grand for all pretrial
proceedings, including a hearing and determination of all non-dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation
(“R&R”) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF
No. 4.) The parties subsequently filed cross-motions for summary judgment.
(ECF No. 15, 20.)

On November 16, 2017, Magistrate Judge Grand issued an R&R
recommending that this Court deny Plaintiff’s motion for summary judgment,
grant Defendant’s motion, and affirm Defendant’s decision denying Plaintiff’s
application for social security benefits. (ECF No. 21.) At the conclusion of the
R&R, Magistrate Judge Grand advises the parties that they may object to and seek
review of the R&R within fourteen days of service upon them. (Id. at Pg ID 1227.)
He further specifically advises the parties that “[f]ailure to file specific objections
constitutes a waiver of any further right to appeal.” (Id.) Neither Plaintiff nor
Defendant filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Grand. The Court therefore adopts Magistrate Judge
Grand’s November 16, 2017 R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for summary judgment (ECF No.
15) is DENIED;
IT IS FURTHER ORDERED that Defendant’s motion for summary
judgment (ECF No. 20) is GRANTED;
IT IS FURTHER ORDERED that Defendant’s decision denying Plaintiff’s

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application for social security benefits is AFFIRMED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: December 20, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, December 20, 2017, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

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