VILLARREAL v. Commissioner of Social Security Administration

Filing 23

ORDER Adopting 22 Report and Recommendation. Signed by District Judge Judith E. Levy. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Secundiono H. Villarreal,
Plaintiff,

Case No. 18-11922
Judith E. Levy
United States District Judge

v.
Commissioner of Social
Security,

Mag. Judge R. Steven Whalen

Defendant.
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ORDER ADOPTING REPORT AND RECOMMENDATION [22]
This is a Social Security appeal. Before the Court is Magistrate
Judge Whalen’s August 5, 2019 report and recommendation (ECF No. 22)
recommending the Court deny plaintiff Secundiono Villarreal’s motion
for summary judgment (ECF No. 14) and grant defendant Commissioner
of Social Security’s motion for summary judgment. (ECF No. 21.) The
parties were required to file specific written objections to the report and
recommendation 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 (ECF No. 22) is ADOPTED with
the following modification: The final sentence in the first paragraph on
page 14 is amended to read, “The Plaintiff has the burden of proof at steps
one through four, but the burden shifts to the Commissioner at step five
to demonstrate that there are jobs in the economy which the claimant can
perform. Her v. Commissioner of Social Sec., 203 F.3d 388, 391 (6th Cir.
1999).”;
Plaintiff’s motion for summary judgment (ECF No. 14) is DENIED;
Defendant’s motion for summary judgment (ECF No. 21) is
GRANTED; and the findings of the Commissioner are ADOPTED and
this case is hereby DISMISSED.1
IT IS SO ORDERED.
Dated: September 4, 2019
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

By failing to object to the Report and Recommendation, the parties have
waived any further right of appeal. United States v. Sullivan, 431 F.3d 976, 984 (6th
Cir. 2005). 
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