Schwartz v. Commissioner of Social Security Administration ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SCHWARTZ, Plaintiff, Case No. 18-cv-12190 Hon. Matthew F. Leitman v. COMMISSIONER OF SOCIAL SECURITY, Defendant. __________________________________________________________________/ ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF #12) AND (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF #11) In this action, Plaintiff Kimberly Schwartz challenges the denial of her application for disability insurance benefits. (See Compl., ECF #1.) Schwartz and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See Motions, ECF ## 11, 12.) On August 1, 2019, the assigned Magistrate Judge issued a Report and Recommendation in which he recommended that the Court grant the Commissioner’s motion and deny Schwartz’ motion (the “R&R”). (See R&R, ECF #15.) 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. at Pg. ID 902-03.) Schwartz 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 Schwartz 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 Schwartz’ Motion for Summary Judgment is ADOPTED. IT IS FURTHER ORDERED that (1) the Commissioner’s Motion for Summary Judgment (ECF #12) is GRANTED and (2) Schwartz’ Motion for Summary Judgment (ECF #11) is DENIED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: August 20, 2019 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 20, 2019, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764