Johnson v. Social Security ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NORMAN J. JOHNSON, Plaintiff, Case Number 20-12482 v. Honorable David M. Lawson Magistrate Judge Anthony P. Patti COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S 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 COMPLAINT Presently before the Court is the report issued February 8, 2022 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the defendant’s motion for summary judgment be granted, the plaintiff’s motion for summary judgment be denied, and the decision of the Commissioner be affirmed. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ 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 Magistrate Judge’s report and recommendation (ECF No. 19) is ADOPTED. It is further ORDERED that the plaintiff’s motion for summary judgment (ECF No. 15) is DENIED. It is further ORDERED that the defendant’s motion for summary judgment (ECF No. 18) is GRANTED. The findings of the Commissioner are AFFIRMED, and the complaint is DISMISSED WITH PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: February 28, 2022