Russell v. Social Security Administration, Commissioner of ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHRISTIAN RUSSELL, Plaintiff, Case No. 1:22-cv-10503 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Honorable Curtis Ivy, Jr. Defendant. United States Magistrate Judge ______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AFFIRMING COMMISSIONER’S DECISION, AND DISMISSING COMPLAINT WITH PREJUDICE In this social-security case, Magistrate Judge Curtis Ivy, Jr. issued an R&R on January 25, 2023, recommending that this Court deny Plaintiff Christian Russell’s Motion for Summary Judgment, grant Defendant Commissioner of Social Security’s Motion for Summary Judgment, and affirm the Commissioner’s decision denying Plaintiff’s application for disability benefits. ECF No. 22. Although Judge Ivy said the Parties may object to and seek review of the R&R within 14 days of service, neither Party objected. They have therefore waived their right to appeal Judge Ivy’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Judge Ivy’s Report and Recommendation, ECF No. 22, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 18, is DENIED WITH PREJUDICE. Further, it is ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 19, is GRANTED. Further, it is ORDERED that the Decision of the Commissioner of Social Security is AFFIRMED. Further, it is ORDERED that the Complaint, ECF No. 1, is DISMISSED WITH PREJUDICE. Dated: February 14, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge