From Casetext: Smarter Legal Research

Howard ex rel. M.D.C. v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 27, 2018
Case No. 17-cv-10193 (E.D. Mich. Feb. 27, 2018)

Opinion

Case No. 17-cv-10193

02-27-2018

KATINA HOWARD, on behalf of M.D.C., Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.


ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #25) AND (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #23)

In this action, Plaintiff Katina Howard, on behalf of her minor son M.D.C., challenges the denial of M.D.C.'s application for supplemental security income benefits. (See Compl., ECF #1.) Plaintiff and the Commissioner of Social Security ("Defendant") have filed cross-motions for summary judgment. (See ECF ## 23, 25.)

On February 9, 2018, the assigned Magistrate Judge issued a Report and Recommendation recommending that the Court grant Defendant's motion and deny Plaintiff's motion (the "R&R"). (See ECF #26.) 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 of being served with a copy of the R&R. (See id. at Pg. ID 578-79.)

Plaintiff 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 Plaintiff has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation to grant Defendant's Motion for Summary Judgment is ADOPTED.

IT IS FURTHER ORDERED that (1) Defendant's Motion for Summary Judgment (ECF #25) is GRANTED and (2) Plaintiff's Motion for Summary Judgment (ECF #23) is DENIED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE Dated: February 27, 2018

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 27, 2018, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

(810) 341-9764


Summaries of

Howard ex rel. M.D.C. v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 27, 2018
Case No. 17-cv-10193 (E.D. Mich. Feb. 27, 2018)
Case details for

Howard ex rel. M.D.C. v. Berryhill

Case Details

Full title:KATINA HOWARD, on behalf of M.D.C., Plaintiff, v. NANCY A. BERRYHILL…

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

Date published: Feb 27, 2018

Citations

Case No. 17-cv-10193 (E.D. Mich. Feb. 27, 2018)