Summary
distinguishing Edwards v. Barnhart, 383 F. Supp. 2d 920, 930 (E.D. Mich. 2005), which Plaintiff cites
Summary of this case from Bruce v. BerryhillOpinion
Case Number 15-10917
08-05-2016
WANDA JEAN BICKERSTAFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Anthony P. Patti ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AFFIRMING DECISION OF THE COMMISSIONER AND DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on July 15, 2016 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendant's motion for summary judgment, deny the plaintiff's motion for summary judgment, and affirm the decision of the Commissioner. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. 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 report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #18] is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment [dkt. #17] is GRANTED.
It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #13] is DENIED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the plaintiff's complaint is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: August 5, 2016
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 5, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI