Partin v. Social Security Administration, Commissioner of (TV2)

Filing 17

MEMORANDUM AND ORDER; plaintiff's motion for summary judgment 11 is DENIED and the Commissioner's motion for summary judgment 13 is GRANTED. The Court ACCEPTS IN WHOLE the Report and Recommendation 15 , the Commission er's decision in this case denying plaintiff's applications for disability insurance benefits and supplemental security income benefits is AFFIRMED and this case is DISMISSED. Signed by District Judge Thomas A Varlan on 4/18/12. Entered as Judgment by the Clerk of Court. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
GREGORY FRANKLIN PARTIN,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No.:

3:11-CV-365
(VARLAN/SHIRLEY)

MEMORANDUM AND ORDER
This Social Security appeal is before the Court on the Report and Recommendation
[Doc. 15] filed by United States Magistrate Judge C. Clifford Shirley on March 23, 2012.
In the Report and Recommendation, Magistrate Judge Shirley found that the Commissioner’s
decision was supported by substantial evidence. Accordingly, Magistrate Judge Shirley
recommended that plaintiff’s motion for summary judgment [Doc. 11] be denied and that the
Commissioner’s motion for summary judgment [Doc. 13] be granted.
Plaintiff filed a document entitled Plaintiff’s Objections to the Magistrate Judge’s
Report and Recommendation [Doc. 16]. However, for the reasons discussed below, the
Court determines that plaintiff does not raise specific objections to the Report and
Recommendation, and therefore, plaintiff’s arguments will not be treated as such.
I.

Standard of Review
The Court must conduct a de novo review of portions of the magistrate judge’s R&R

to which a party’s specific objections unless the objections are frivolous, conclusive, or

general. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Smith v. Detroit Fed’n of
Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987); Mira v. Marshall, 806 F.2d 636
(6th Cir. 1986). Although the Court is required to engage in de novo review of specific
objections, if the objections merely restate the party’s arguments raised in the motion for
summary judgment and addressed by the magistrate judge, the Court may deem the
objections waived. See VanDiver v. Martin, 304 F. Supp. 2d 934, 937 (E.D. Mich. 2004)
(“An ‘objection’ that . . . simply summarizes what has been presented before, is not an
objection as that term is used in this context.”). The United States Court of Appeals for the
Sixth Circuit has explained,
A general objection to the entirety of the magistrate’s report has the
same effects as would a failure to object. The district court's attention
is not focused on any specific issues for review, thereby making the
initial reference to the magistrate useless. The functions of the district
court are effectively duplicated as both the magistrate and the district
court perform identical tasks. This duplication of time and effort wastes
judicial resources rather than saving them, and runs contrary to the
purposes of the Magistrates Act.
Howard v. Sec’y of Health & Human Servs., 932 F.2d 505, 509 (6th Cir. 1991).
II.

Analysis
Plaintiff’s filing entitled Plaintiff’s Objections to the Magistrate Judge’s Report and

Recommendation [Doc. 16] repeats arguments he made in his memorandum in support of his
motion for summary judgement [Doc. 12]. His arguments are that the ALJ failed to accord
proper weight to the opinions of plaintiff’s long-time treating physician and that the ALJ
incorrectly concluded that the opinion of the long-time treating physician was inconsistent

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with the physician’s examinations of plaintiff and not supported by the objective medical
findings or treating progress notes of record [Id., pp. 7-10]. Because plaintiff simply
summarizes the same arguments considered by Magistrate Judge Shirley in the Report and
Recommendation [Doc. 15, p. 6], de novo review of plaintiff’s arguments would make the
original referral to the magistrate judge useless and would waste judicial resources. See
Howard, 932 F.2d at 509. Accordingly, the Court does not consider plaintiff’s arguments
to be specific objections to the Report and Recommendation and it will not engage in de novo
review.
Because no proper objections were timely filed, the Court will treat any objections as
having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). As noted, in the
Report and Recommendation [Doc. 15] Magistrate Judge Shirley found that there was
substantial evidence to support the Commissioner’s decision. The Court has carefully
reviewed this matter, including the underlying pleadings [Docs. 11, 12, 13, 14, 15], and is
in agreement with Magistrate Judge Shirley’s recommendations, which the Court adopts and
incorporates into its ruling.
III.

Conclusion
Accordingly, plaintiff’s motion for summary judgment [Doc. 11] is DENIED and the

Commissioner’s motion for summary judgment [Doc. 13] is GRANTED. The Court
ACCEPTS IN WHOLE the Report and Recommendation [Doc. 15], the Commissioner’s

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decision in this case denying plaintiff’s applications for disability insurance benefits and
supplemental security income benefits is AFFIRMED and this case is DISMISSED.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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