Stec v. BERRYHILL ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HOLLY STEC, Plaintiff, Case No. 19-cv-10044 Hon. Matthew F. Leitman v. COMMISSIONER OF SOCIAL SECURITY, Defendant. __________________________________________________________________/ ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13) AND (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 12) In this action, Plaintiff Holly Stec challenges the denial of her applications for disability insurance benefits and Supplemental Security Income benefits. (See Compl., ECF #1.) Stec and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See Motions, ECF Nos. 12, 13.) On December 11, 2019, the assigned Magistrate Judge issued a Report and Recommendation in which he recommended that the Court grant the Commissioner’s motion and deny Stec’s motion (the “R&R”). (See R&R, ECF No. 14.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id., PageID.753.) Stec has not filed any objections to the R&R. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). In addition, the failure to file objections to an 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). Accordingly, because Stec has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant the Commissioner’s Motion for Summary Judgment and deny Stec’s Motion for Summary Judgment is ADOPTED. IT IS FURTHER ORDERED that (1) the Commissioner’s Motion for Summary Judgment (ECF No. 13) is GRANTED and (2) Stec’s Motion for Summary Judgment (ECF No. 12) is DENIED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 9, 2020 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 9, 2020, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764