Lonc v. Comm'r of Soc. Sec.

Full title: KERRI LYNN LONC, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Mar 18, 2019

Case No. 18-cv-10514 (E.D. Mich. Mar. 18, 2019)

Opinion

Case No. 18-cv-10514

03-18-2019

KERRI LYNN LONC, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Hon. Matthew F. Leitman

ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #12) AND (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #11)

In this action, Plaintiff Kerri Lynn Lonc challenges the denial of her application for disability insurance benefits. (See Compl., ECF #1.) Lonc and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See Motions, ECF ## 11, 12.)

On February 28, 2019, the assigned Magistrate Judge issued a Report and Recommendation in which he recommended that the Court grant the Commissioner's motion and deny Lonc's motion (the "R&R"). (See R&R, ECF #17.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at Pg. ID 1358.)

Lonc has not filed any objections to the R&R. 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). In addition, 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).

Accordingly, because Lonc has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation to grant the Commissioner's Motion for Summary Judgment and deny Lonc's Motion for Summary Judgment is ADOPTED.

IT IS FURTHER ORDERED that (1) the Commissioner's Motion for Summary Judgment (ECF #12) is GRANTED and (2) Lonc's Motion for Summary Judgment (ECF #11) is DENIED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE Dated: March 18, 2019

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 18, 2019, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

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