Henrich v. Social Security ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WALTER JAMES HENRICH, 2:19-CV-10675-TGB Plaintiff, vs. ORDER ADOPTING REPORT AND RECOMMENDATION SOCIAL SECURITY COMMISSIONER, Defendant. This matter is before the Court on Magistrate Judge Steven Whalen’s Report and Recommendation of January 21, 2020 (ECF No. 16) recommending that Plaintiff’s Motion for Summary Judgment (ECF No. 12) be denied, Defendant’s Motion for Summary Judgment (ECF No. 15) be granted, and the decision of the Commissioner of Social Security be affirmed. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate’s Report and Recommendation of January 21, 2020 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Whalen’s Report and Recommendation of January 21, 2020 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED, Defendant’s Motion for Summary Judgment is GRANTED, and the Commissioner’s decision is AFFIRMED. Dated: February 18, 2020. BY THE COURT: /s/Terrence G. Berg TERRENCE G. BERG United States District Judge