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Chevalier v. Colvin

United States District Court, E.D. Michigan, Southern Division

February 19, 2015

MICHAEL D. CHEVALIER, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE

DAVID M. LAWSON, District Judge.

Presently before the Court is the report issued on January 30, 2015 by Magistrate Judge Patricia T. Morris pursuant to 28 U.S.C. ยง 636(b), recommending that the Court grant the defendant's motion for summary judgment and deny the plaintiff's motion for summary judgment. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #23] is ADOPTED.

It is further ORDERED that the defendant's motion for summary judgment [dkt. #20] is GRANTED.

It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #18] is DENIED.

It is further ORDERED that the plaintiff's complaint is DISMISSED WITH PREJUDICE.


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