Elawyers Elawyers
Ohio| Change

Graham v. Commissioner of Social Security, 17-10841. (2018)

Court: District Court, E.D. Michigan Number: infdco20180926c72 Visitors: 14
Filed: Sep. 25, 2018
Latest Update: Sep. 25, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 15) AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 12) AND DISMISSING CASE AVERN COHN , District Judge . This is a social security case. Plaintiff Jana Rae Graham appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magis
More

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 15) AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 12) AND DISMISSING CASE

This is a social security case. Plaintiff Jana Rae Graham appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment. (Docs. 12, 14). The magistrate judge issued a report and recommendation (MJRR) recommending that the Commissioner's motion be granted, that plaintiff's motion be denied, and the case dismissed. (Doc. 15).

II.

Neither party has filed objections to the MJRR and the time for filing objections has passed. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motions. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the findings and conclusions of the Court. The Commissioner's motion for summary judgment is GRANTED. Plaintiff's motion for summary judgment is DENIED. This case is DISMISSED.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer