Pulaskey v. Social Security ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL J. PULASKEY, Case No. 20-12658 Plaintiff, Stephanie Dawkins Davis v. United States District Judge ANDREW SAUL, COMMISSIONER Elizabeth A. Stafford OF SOCIAL SECURITY, United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (ECF NO. 4) This matter is before the court on an application to proceed in forma pauperis filed by Plaintiff, Michael J. Pulaskey. (ECF No. 2). This court referred the case to Magistrate Judge Elizabeth A. Stafford, who issued a Report and Recommendation on September 30, 2020, recommending that the court deny the application to proceed in forma pauperis. Neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the 14-day time period for filing objections has expired. See 28 Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court, therefore, finds that the parties have waived further review of the Magistrate Judge’s Report. Nevertheless, on review of Pulaskey’s application and the Magistrate Judge’s Report and Recommendation, the court agrees with the Magistrate Judge’s recommended disposition. The court, therefore, ACCEPTS and ADOPTS Magistrate Judge Stafford’s Report and Recommendation (ECF No. 4). Consequently, Pulaskey’s application to proceed in forma pauperis (ECF No. 2) is DENIED. IT IS SO ORDERED. Dated: November 2, 2020 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge