Opinion
Case No. 2:20-cv-10867
03-22-2021
DEREK GRANT, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [14] , DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [12], AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [13]
The Commissioner of the Social Security Administration ("SSA") denied the application of Derek Grant ("Grant") for Supplemental Security Income and Disability Insurance Benefits in a decision issued by an Administrative Law Judge ("ALJ"). ECF 9-2, PgID 48-60. After the SSA Appeals Council declined to review the ruling, Grant appealed. Id. at 38-40. The Court referred the matter to Magistrate Judge Patricia T. Morris, ECF 3, and the parties filed cross-motions for summary judgment. ECF 12, 13. The magistrate judge issued a Report and Recommendation ("Report") suggesting the Court deny Grant's motion and grant the Commissioner's motion. ECF 14, PgID 1780. Federal Rule of Civil Procedure 72(b) governs review of a magistrate judge's report and recommendation. De novo review of the magistrate judge's findings is required only if the parties "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). Because neither party filed objections, de novo review of the Report's conclusions is not required. After reviewing the record, the Court finds that the magistrate judge's conclusions are factually based and legally sound. Accordingly, the Court will adopt the Report's findings, deny Grant's motion for summary judgment, and grant the Commissioner's motion for summary judgment.
ORDER
WHEREFORE, it is hereby ORDERED that the magistrate judge's Report and Recommendation [14] is ADOPTED.
IT IS FURTHER ORDERED that Grant's Motion for Summary Judgment [12] is DENIED.
IT IS FURTHER ORDERED that the Commissioner's Motion for Summary Judgment [13] is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE.
This is a final order in the case that closes the case.
SO ORDERED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge Dated: March 22, 2021 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 22, 2021, by electronic and/or ordinary mail.
s/David P. Parker
Case Manager