Dygert v. Social Security, Commissioner of, No. 2:2013cv11317 - Document 12 (E.D. Mich. 2014)

Court Description: OPINION AND ORDER denying 8 Motion for Summary Judgment; granting 10 Motion for Summary Judgment; adopting 11 Report and Recommendation on 8 Motion for Summary Judgment, 11 Report and Recommendation, 10 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LINDA DYGERT, Plaintiff, Case No. 13-11317 v. Honorable Patrick J. Duggan COMMISSIONER OF SOCIAL SECURITY, Magistrate Judge Laurie J. Michelson Defendant. ____________________________/ OPINION AND ORDER On March 25, 2013, Plaintiff Linda Dygert filed this lawsuit challenging a final decision of the Commissioner of Social Security denying Plaintiff s application for social security disability benefits. The following day, this Court referred the lawsuit to Magistrate Judge Laurie J. Michelson for all pretrial matters proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation ( R&R ) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 2.) The parties subsequently filed cross-motions for summary judgment. (ECF Nos. 9, 10.) On January 3, 2014, Magistrate Judge Michelson issued an R&R recommending that this Court grant Defendant s motion and deny Plaintiff s motion. (ECF No. 11.) In her R&R, Magistrate Judge Michelson concludes that there was substantial evidence in the record to support the Administrative Law Judge s determination that Plaintiff was not under a disability as that term is used in the Social Security Act. (R&R 1.) At the conclusion of the R&R, Magistrate Judge Michelson advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at 20.) She further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right to appeal. (Id.) Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Michelson. The Court therefore adopts Magistrate Judge Michelson s January 3, 2014 Report and Recommendation. Accordingly, IT IS ORDERED that Plaintiff s motion for summary judgment is DENIED; IT IS FURTHER ORDERED that Defendant s motion for summary judgment is GRANTED. Dated: March 13, 2014 s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Richard J. Doud, Esq. Ameenah Lewis, Esq. Derri T. Thomas, AUSA 2

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