Washington v. Comm'r of Soc. Sec.

Full title: TRACY JARRELL WASHINGTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Nov 24, 2014

Case No. 13-14083 (E.D. Mich. Nov. 24, 2014)

Opinion

Case No. 13-14083

11-24-2014

TRACY JARRELL WASHINGTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HON. TERRENCE G. BERG

HON. MONA K. MAJZOUB
ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 11)

This matter is before the Court on Magistrate Judge Mona K. Majzoub's October 7, 2014 Report and Recommendation (Dkt. 11), recommending that Plaintiff's motion for summary judgment be DENIED, that Defendant's motion for summary judgment be GRANTED, and that the Commissioner be AFFIRMED.

The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court has reviewed and will accept the Magistrate's Report and Recommendation of October 7, 2014, as this Court's findings of fact and conclusions of law.¹

1 The Court noted a minor typographical error in the first sentence on page 1, which stated,"Plaintiff Tracy Washington seeks judicial review of Defendant Commissioner of Social Security's determination that he is not entitled to social security benefits for his physical and mental impairments under 42 U.SC. § 405(g)" (emphasis added). The remainder of the Report and Recommendation correctly refers to Plaintiff as a woman and consistently uses the appropriate personal pronouns.

Accordingly, it is hereby ORDERED that Magistrate Judge Majzoub's Report and Recommendation of October 7, 2014 (Dkt. 11) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff's motion for summary judgment (Dkt. 9) is DENIED, Defendant's motion for summary judgment (Dkt. 10) is GRANTED, and the findings and conclusions of the Commissioner are AFFIRMED.

SO ORDERED.

s/Terrence G. Berg

TERRENCE G. BERG

UNITED STATES DISTRICT JUDGE
Dated: November 24, 2014

Certificate of Service

I hereby certify that this Order was electronically submitted on November 24, 2014, using the CM/ECF system, which will send notification to each party.

By: s/A. Chubb

Case Manager