SEAN F. COX, District Judge.
Plaintiff Dana Roisin Murphy ("Plaintiff") brought this action seeking judicial review of Defendant Commissioner of Social Security's ("Defendant") determination that she is not entitled to social security benefits for her mental impairments under 42 U.S.C. § 405(g). (Doc. # 1).
All proceedings in this case were referred to Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b)(1)(A), (B), and (C) on December 7, 2015. (Doc. # 4). Sometime thereafter, Plaintiff and Defendant filed cross-motions for summary judgment. (Doc. # 15, Pl.'s Mo.; Doc. # 16, Def.'s Mo.).
On February 8, 2017, Magistrate Judge Majzoub filed a Report and Recommendation ("R&R"), wherein she recommended that the Court DENY Plaintiff's Motion for Summary Judgment and GRANT Defendant's Motion for Summary Judgment. (Doc. # 17, R&R at 1). Plaintiff timely filed objections to the R&R on February 22, 2017. (Doc. # 18, Pl.'s Objs.). Defendant timely responded to Plaintiff's objections on March 7, 2017. (Doc. # 19, Def.'s Resp.).
The Court finds Plaintiff's objections to be improper and without merit. The Court shall therefore
Pursuant to Federal Rule of Civil Procedure 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R. Fed. R. Civ. P. 72(b)(2). Objections must "(A) specify the part of the order, proposed findings, recommendations, or report to which a person objects; and (B) state the basis for the objection." E.D. Mich. LR 72.1(d).
Objections are not "a second opportunity to present the argument already considered by the Magistrate Judge." Betancourt v. Ace Ins. Co. of Puerto Rico, 313 F.Supp.2d 32, 34 (D.P.R. 2004). Moreover, the district court should not consider arguments that have not first been presented to the magistrate judge. See Stonecrest Partners, LLC v. Bank of Hampton Roads, 770 F.Supp.2d 778, 785 (E.D.N.C. 2011).
"The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions." Fed. R. Civ. P. 72(b)(3).
In her R&R, Magistrate Judge Majzoub determined that there was sufficient evidence in the record to support the Administrative Law Judge's ("ALJ") determination that Plaintiff did not have deficits in adaptive functioning and therefore failed to meet Listing 12.05C. (R&R at 9). The Magistrate Judge concluded that "while there is indeed evidence that tends to support Plaintiff's assertions, there is also substantial evidence supporting the ALJ's conclusions. Therefore, this issue falls within the ALJ's zone of choice, and her assessment should not be disturbed." (R&R at 10). Plaintiff lodges two objections to the Magistrate Judge's R&R.
(R&R at 6-7, n. 1). The Court agrees with Magistrate Judge Majzoub's resolution of this issue. As such, Plaintiff's first objection is overruled.
Plaintiff's argument is without merit. In her summary judgment brief, Plaintiff made it clear that she believed the ALJ's determination was not supported by substantial evidence. In making this argument, Plaintiff proceeded to point out certain evidence in the record that the ALJ ignored. (See e.g., Pl.'s Mo. at 15-18). Magistrate Judge Majzoub properly summarized Plaintiff's argument and concluded that "while there is indeed evidence that tends to support Plaintiff's assertions, there is also substantial evidence supporting the ALJ's conclusion." (R&R at 10). In reaching this conclusion, the Magistrate Judge thoroughly assessed the evidence that the ALJ relied upon. (Id. at 7-9). The Magistrate Judge also noted that the Sixth Circuit and other courts within this district have similarly found that such evidence was sufficient to find a lack of deficits in adaptive functioning. (Id. at 9). The Court agrees with Magistrate Judge Majzoub's sound analysis. As such, Plaintiff's second objection is overruled.
For the reasons set forth above