Donald v. Colvin

Filing 29

ORDER Adopting Magistrate Judge Anthony P. Patti's 28 Report and Recommendation on the Cross-Motions for Summary Judgment. Signed by District Judge Judith E. Levy. (SBur)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JIMMY D. DONALD, Plaintiff, v. Case No. 5:16-cv-11303 Judith E. Levy United States District Judge COMMISIONER OF SOCIAL SECURITY, Mag. Judge Anthony P. Patti Defendant. ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE ANTHONY P. PATTI’S REPORT AND RECOMMENDATION [28] ON THE CROSS-MOTIONS FOR SUMMARY JUDGMENT [22, 25] This is a Social Security appeal. Before the Court is Magistrate Judge Anthony P. Patti’s Report and Recommendation (Dkt. 28) recommending the Court deny plaintiff’s motion for summary judgment (Dkt. 22) and grant defendant’s motion for summary judgment (Dkt. 25), issued July 21, 2017. The parties were required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless thoroughly reviewed the Report and Recommendation, and concurs in the reasoning and result. Accordingly, The Report and Recommendation (Dkt. 28) is ADOPTED; Plaintiff’s motion for summary judgment (Dkt. 22) is DENIED; Defendant’s motion for summary judgment (Dkt. 25) is GRANTED; and The findings of the Commissioner are ADOPTED and this case is hereby DISMISSED.1 IT IS SO ORDERED. Dated: September 29, 2017 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY United States District Judge  The parties, by failing to object to the Report and Recommendation, have waived any further right of appeal. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).   1 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on September 29, 2017. s/Shawna Burns SHAWNA BURNS Case Manager 3

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