Hon. Matthew F. Leitman

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #15), GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #12), AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #9)

On July 24, 2014, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation ("R&R") recommending that the Court deny Plaintiff Christian Gutierrez's Motion for Summary Judgment (ECF #9) and grant the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #12). (See ECF #15.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See id. at 22 Pg. ID 470.)

Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir.1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.1987). Likewise, the failure to object to the Magistrate Judge's R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's July 24, 2014, R&R (ECF #15) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's September 15, 2013 Motion for Summary Judgment (ECF #9) is DENIED, and that Defendant's January 30, 2014, Motion for Summary Judgment (ECF #12) is GRANTED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE
Dated: August 13, 2014

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 13, 2014, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

(313) 234-5113