McLeod v. Comm'r of Soc. Sec.

Full title: ROBERT McLEOD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, E.D. Michigan, Northern Division

Date published: Feb 28, 2022

1:20-cv-13181 (E.D. Mich. Feb. 28, 2022)

Opinion

1:20-cv-13181

02-28-2022

ROBERT McLEOD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Honorable Thomas L. Ludington United States District Judge

OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, (2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND (4) AFFIRMING COMMISSIONER'S DECISION

Honorable Thomas L. Ludington United States District Judge

This matter is before this Court upon Magistrate Judge Kimberly G. Altman's Report recommending that Defendant's Motion for Summary Judgement be granted and that Plaintiff's Motion for Summary Judgment be denied. ECF No. 25. Although the Report states that the parties could object to and seek review of the recommendations within 14 days of service, neither Plaintiff nor Defendant filed any objections. They have therefore waived their right to appeal Judge Altman's findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985); see also Howard v. Sec'y of Health & Hum. Servs., 932 F.2d 505 (6th Cir. 1991) (holding that claimants waive the right to appeal by filing a general objection to the report).

Accordingly, it is ORDERED that Magistrate Judge Altman's Report and Recommendation, ECF No. 25, is ADOPTED.

Further, it is ORDERED that Defendant's Motion for Summary Judgment, ECF No. 24, is GRANTED.

Further, it is ORDERED that Plaintiff's Motion for Summary Judgment, ECF No. 21, is DENIED.

Further, it is ORDERED that the Commissioner's decision to deny disability insurance benefits is AFFIRMED.