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Farmer v. Commissioner of Social Security

United States District Court, Eastern District of Michigan, Southern Division

March 16, 2015

KENNETH E. FARMER, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #18), GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF #17), AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF #14)

MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.

On February 23, 2015, Magistrate Judge Mona K. Majzoub issued a Report and Recommendation (“R&R”) recommending that the Court deny Plaintiff Kenneth E. Farmer’s Motion for Summary Judgment (ECF #14) and grant the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #17). (See ECF #18.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See Id. at 11, Pg. ID 852.)

Neither party has objected to the R&R. Failure to file objections to the 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 the Magistrate Judge’s R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's February 23, 2015, Report and Recommendation (ECF #18) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's June 30, 2014, motion for summary judgment (ECF #14) is DENIED, and that Defendant's August 26, 2014, motion for summary judgment (ECF #17) is GRANTED.


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