McHenry v. Commissioner of Social Security Administration

Filing 20

ORDER Adopting 17 Report and Recommendation re 13 Motion to Remand filed by Jason M McHenry, 15 Motion for Summary Judgment filed by Commissioner of Social Security Administration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JASON M. MCHENRY,
Plaintiff,
Case No. 14-14300
v.
Hon. John Corbett O’Meara
Magistrate Judge Stephanie Dawkins Davis

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
________________________/

ORDER ADOPTING REPORT
AND RECOMMENDATION
Before the court is Magistrate Judge Stephanie Dawkins Davis’s report and
recommendation, dated March 1, 2016. In this action for social security benefits,
the parties moved for summary judgment on the administrative record. Magistrate
Judge Davis recommends that the court grant Defendant’s motion and deny
Plaintiff’s motion, affirming the decision of the Commissioner to deny Plaintiff
benefits. Plaintiff submitted objections on March 11, 2016, to which Defendant
responded.
With respect to reports and recommendations from magistrate judges, this
court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28

U.S.C. § 636(b)(1)(C). The court “may accept, reject or modify, in whole or in
part, the findings or recommendations made by the magistrate.” Id.
Having reviewed the record and Plaintiff’s objections, the court agrees with
Magistrate Judge Davis’s analysis and recommendation.
Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Davis’s
March 1, 2016 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment
is DENIED and Defendant’s motion for summary judgment is GRANTED.

s/John Corbett O’Meara
United States District Judge
Date: March 30, 2016

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, March 30, 2016, using the ECF system.

s/William Barkholz
Case Manager

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