Acton v. Comm'r of Soc. Sec.

Full title: BEVERLY H. ACTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Sep 5, 2017

Case No. 16-cv-12036 (E.D. Mich. Sep. 5, 2017)

Opinion

Case No. 16-cv-12036

09-05-2017

BEVERLY H. ACTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Hon. Matthew F. Leitman

ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF #21) , (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #15), AND (3) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #20)

In this action, Plaintiff Beverly H. Acton challenges the denial of her application for disability insurance benefits. (See Compl., ECF #1.) Acton and the Defendant, the Commissioner of Social Security, have now filed cross-motions for summary judgment. (See ECF ## 15, 20.)

On August 8, 2017, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant the Commissioner's motion and deny Acton's motion (the "R&R"). (See ECF #21.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at Pg. ID 673-74.)

Acton has not filed any objections to the R&R. The failure to file objections to an 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 an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, because Acton has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation to grant the Commissioner's motion and deny Acton's motion is ADOPTED.

IT IS FURTHER ORDERED that (1) Acton's Motion for Summary Judgment (ECF #15) is DENIED and (2) the Commissioner's Motion for Summary Judgment (ECF #20) is GRANTED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE Dated: September 5, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 5, 2017, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

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