McKinstry v. Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JEFFERY A. McKINSTRY Case No. 20-10780 Plaintiff, Stephanie Dawkins Davis v. United States District Judge COMMISSIONER OF SOCIAL

SECURITY,

Defendant. ____________________________/

OPINION AND ORDER ACCEPTING AND ADOPTING

THE MAGISTRATE JUDGE’S AUGUST 4, 2021

REPORT AND RECOMMENDATION (ECF No. 17)

Currently before the Court is Magistrate Judge Anthony P. Patti’s August 4, 2021 Report and Recommendation. (ECF No. 17). Magistrate Judge Patti recommends granting defendant’s motion for summary judgment, denying plaintiff’s motion for summary judgment, and affirming the decision of the Commissioner. The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 17), GRANTS defendant’s motion for summary judgment, DENIES plaintiff’s motion for summary judgment and AFFIRMS the decision of the Commissioner.

IT IS SO ORDERED.

Date: August 26, 2021 s/Stephanie Dawkins Davis Stephanie Dawkins Davis United States District Judge