Opinion
Case No. 13-cv-12165
07-15-2014
BARRY ELIZANDO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Hon. Matthew F. Leitman
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #14),
GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
(ECF #12), AND DENYING PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT (ECF #9)
On June 23, 2014, Magistrate Judge R. Steven Whalen issued a Report and Recommendation ("R&R") recommending that the Court deny Plaintiff Barry Elizando's Motion for Summary Judgment (ECF #9) and grant the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #12). (See ECF #14.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See id. at 14, Pg. ID 474.)
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 June 23, 2014, Report and Recommendation (ECF #14) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's September 7, 2013, motion for summary judgment (ECF #9) is DENIED, and that Defendant's January 2, 2014, motion for summary judgment (ECF #12) is GRANTED.
__________
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 15, 2014, by electronic means and/or ordinary mail.
Holly A. Monda
Case Manager
(313) 234-5113