Opinion
Case. No. 17-12788
06-19-2018
HENRY L. MILLER, Plaintiff, v. NANCY A. BERRYHILL, Defendant.
Magistrate Judge David R. Grand ORDER ADOPTING REPORT & RECOMMENDATION , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER
On December 31, 2014, Plaintiff Miller filed an application for SSI, alleging a disability onset date of March 6, 2007. (Tr. 104, 167, 180, 198). This application was denied at the initial level. (Tr. 104). Miller filed a timely request for an administrative hearing, which was held on June 22, 2016, before ALJ Jan Leventer. (Tr. 32-64). On August 5, 2016, the ALJ issued a written decision finding that Miller is not disabled under the Act. (Tr. 18-31). On June 27, 2017, the Appeals Council denied review. (Tr. 1-6). Miller timely filed for judicial review of the final decision on August 24, 2017. ECF No. 1. The matter was referred to Magistrate Judge David Grand. ECF No. 4. The parties filed cross-motions for summary judgment (ECF Nos. 16, 17), and Miller did not file a reply.
On May 29, 2018, Judge Grand issued a report finding that the ALJ'S decision that Plaintiff is not disabled was supported by substantial evidence. ECF No. 19. Judge Grand recommended that the Court grant Defendant's motion for summary judgment, deny Plaintiff's motion for summary judgment, and affirm the decision of the Commissioner.
Although the magistrate judge's report explicitly states that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither party has filed any objections. The election not to file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 18, is ADOPTED.
It is further ORDERED that Plaintiff's Motion for Summary Judgment, ECF No. 16, is DENIED.
It is further ORDERED that Defendant's Motion for Summary Judgment, ECF No. 17, is GRANTED
It is further ORDERED that the findings of the Commissioner are AFFIRMED.
It is further ORDERED that this case is DISMISSED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge Dated: June 19, 2018
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 19, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager