Smith v. Comm'r of Soc. Sec.

Full title: DERRICK SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Aug 10, 2016

Case No. 15-cv-11172 (E.D. Mich. Aug. 10, 2016)

Opinion

Case No. 15-cv-11172

08-10-2016

DERRICK SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Hon. Matthew F. Leitman

ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #30) AND (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #25)

In this action, Plaintiff Derrick Smith ("Plaintiff") challenges the cessation of his disability benefits. (See Compl., ECF #1.) Plaintiff and the Commissioner of Social Security ("Defendant") have now filed cross-motions for summary judgment. (See ECF ## 25, 30.)

On July 15, 2016, 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 #38.) 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 24-25, Pg. ID 1036-37.)

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 #30) is GRANTED and (2) Plaintiff's Motion for Summary Judgment (ECF #25) is DENIED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE Dated: August 10, 2016

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 10, 2016, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

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