McLeod v. Social Security Administration, Commissioner of ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ROBERT McLEOD, Plaintiff, Case No. 1:20-cv-13181 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________/ OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, (2) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, (3) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND (4) AFFIRMING COMMISSIONER’S DECISION This matter is before this Court upon Magistrate Judge Kimberly G. Altman’s Report recommending that Defendant’s Motion for Summary Judgement be granted and that Plaintiff’s Motion for Summary Judgment be denied. ECF No. 25. Although the Report states that the parties could object to and seek review of the recommendations within 14 days of service, neither Plaintiff nor Defendant filed any objections. They have therefore waived their right to appeal Judge Altman’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985); see also Howard v. Sec’y of Health & Hum. Servs., 932 F.2d 505 (6th Cir. 1991) (holding that claimants waive the right to appeal by filing a general objection to the report). Accordingly, it is ORDERED that Magistrate Judge Altman’s Report and Recommendation, ECF No. 25, is ADOPTED. Further, it is ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 24, is GRANTED. Further, it is ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 21, is DENIED. Further, it is ORDERED that the Commissioner’s decision to deny disability insurance benefits is AFFIRMED. Dated: February 28, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge