Phillips v. Commissioner ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARRYL LEE PHILLIPS, Plaintiff, Case No. 18-11466 v. HON. AVERN COHN COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 16) AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 14) AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF No. 10) AND DISMISSING CASE I. This is a social security case. Plaintiff Darryl Lee Phillips 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. See ECF Nos. 10, 14. On August 28, 2019, 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 be dismissed. (ECF No. 16). 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). The Court has reviewed the MJRR and agrees with the magistrate judge’s recommendations. 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 Dated: 9/24/2019 UNITED STATES DISTRICT JUDGE Detroit, Michigan 2