Fizer v. Social Security, Commissioner of ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BOBBY FIZER, Plaintiff, Case No. 18-cv-12485 Hon. Matthew F. Leitman v. COMMISSIONER OF SOCIAL SECURITY, Defendant. __________________________________________________________________/ ORDER (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF #21) AND (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF #19) In this action, Plaintiff Bobby Fizer challenges the denial of his application for disability insurance benefits. (See Compl., ECF No. 1.) Fizer and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See Motions, ECF No. 19; ECF No. 21.) On August 7, 2019, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant the Commissioner’s motion and deny Fizer’s motion (the “R&R”). (See R&R, ECF No. 22.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See ECF No. 22, PgID.366-367.) Fizer 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 Fizer 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 Fizer’s Motion for Summary Judgment is ADOPTED. IT IS FURTHER ORDERED that (1) the Commissioner’s Motion for Summary Judgment (ECF #21) is GRANTED and (2) Fizer’s Motion for Summary Judgment (ECF #19) is DENIED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: September 5, 2019 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 5, 2019, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764