Davis v. Comm'r of Soc. Sec.

Full title: RONALD DAVIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Mar 4, 2019

Case. No. 17-14115 (E.D. Mich. Mar. 4, 2019)

Opinion

Case. No. 17-14115

03-04-2019

RONALD DAVIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Honorable Thomas L. Ludington

Magistrate Judge Patricia T. Morris ORDER ADOPTING REPORT & RECOMMENDATION , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER

Plaintiff filed his present application for Disability Insurance Benefits on December 29, 2014, alleging that his disability began August 26, 2014. (R. 8, PageID.148.) The Commissioner denied the claim. (R. 8, PageID.88-93.) Plaintiff then requested a hearing before an Administrative Law Judge (ALJ), (R. 8, PageID.99), which occurred on June 22, 2016. (R. 8, PageID.57-86.) The ALJ issued a decision on September 9, 2016, finding Plaintiff not disabled during the relevant period. (R. 8, PageID.43-53.) On October 16, 2017, the Appeals Council denied review, (R. 8, PageID.24-26), and Plaintiff filed for judicial review on December 20, 2017. (R. 1). He moved for summary judgment on June 4, 2018, (R. 14), and the Commissioner countered with its own Motion three months later, (R. 17).

The matter was referred to Magistrate Judge Patricia T. Morris. (R. 3). On January 29, 2019, Judge Morris issued a report, recommending that Plaintiff's motion for summary judgment be denied, that Defendant's motion for summary judgment be granted, and that the decision of the Commissioner be affirmed. (R. 18).

Although the magistrate judge's report explicitly states that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither party has filed any objections. The election not to file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal. Id.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation, R. 18, is ADOPTED.

It is further ORDERED that Plaintiff's Motion for Summary Judgment, R. 14, is DENIED.

It is further ORDERED that Defendant's Motion for Summary Judgment, R. 17, is GRANTED

It is further ORDERED that the findings of the Commissioner are AFFIRMED.

s/Thomas L. Ludington

THOMAS L. LUDINGTON

United States District Judge Dated: March 4, 2019