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Cooley v. Commissioner of Social Security

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

March 17, 2015

RICHARD COOLEY, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #21), GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #20), AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #19)

MATTHEW F. LEITMAN, District Judge.

On February 27, 2015, Magistrate Judge Michael J. Hluchaniuk issued a Report and Recommendation ("R&R") recommending that the Court deny Plaintiff Richard Cooley's Motion for Summary Judgment (ECF #19) and grant the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #20). ( See ECF #21.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. ( See id. at 24, Pg. ID 536.)

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 27, 2015, Report and Recommendation (ECF #21) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's October 16, 2014, motion for summary judgment (ECF #19) is DENIED, and that Defendant's November 10, 2014, motion for summary judgment (ECF #20) is GRANTED.


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