Floyd v. Commissioner of Social Security ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHALESA VERNELL FLOYD, Plaintiff, Case Number 20-11839 v. Honorable David M. Lawson Magistrate Judge Kimberly G. Altman COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AFFIRMING THE FINDINGS OF THE COMMISSIONER, AND DISMISSING THE COMPLAINT Presently before the Court is the report issued on January 28, 2022 by Magistrate Judge Kimberly G. Altman pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s motion for summary judgment, grant the defendant’s motion for summary judgment, and affirm the Commissioner’s findings. The deadline for filing objections to the report has passed, and no objections have been filed. The plaintiff’s failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n 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 matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the report and recommendation (ECF No. 16) is ADOPTED. It is further ORDERED that the plaintiff’s motion for summary judgment (ECF No. 14) is DENIED. It is further ORDERED that the defendant’s motion for summary judgment (ECF No. 15) is GRANTED. The findings of the Commissioner are AFFIRMED. It is further ORDERED that the complaint (ECF No. 1) is DISMISSED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: February 14, 2022