Raderv.Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISIONFeb 6, 2019
Case No. 17-13674 (E.D. Mich. Feb. 6, 2019)

Case No. 17-13674

02-06-2019

RICHARD R. RADER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 23) AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 20) AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 15) AND DISMISSING CASE

This is a social security case. Plaintiff Richard R. Rader appeals from the final determination of the Commissioner of Social Security (Commissioner) that he is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment. (Docs. 15, 20). The magistrate judge issued a report and recommendation (MJRR) recommending that the Commissioner's motion be granted, that plaintiff's motion be denied, and the case dismissed. (Doc. 23).

II.

Neither party has filed objections to the MJRR and the time for filing objections has passed. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 motions. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the findings and conclusions of the Court. The Commissioner's motion for summary judgment is GRANTED. Plaintiff's motion for summary judgment is DENIED. This case is DISMISSED.

SO ORDERED.

S/Avern Cohn

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: 2/6/2019

Detroit, Michigan