Ott v. Saul

District Court, E.D. Michigan

Ott v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

AUDREY LEE OTT,

Plaintiff, Case No. 1:20-cv-13248

v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Honorable Patricia T. Morris Defendant. United States Magistrate Judge ______________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This matter is before this Court upon Magistrate Judge Patricia T. Morris’s Report, ECF No. 19, recommending that the undersigned grant Defendant Commissioner of Social Security’s motion for summary judgement, ECF No. 18, and deny Plaintiff Audrey Lee Ott’s motion for summary judgment, ECF No. 17. 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 Morris’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 Morris’s Report and Recommendation, ECF No. 19, is ADOPTED; Defendant’s Motion for Summary Judgment, ECF No. 18, is GRANTED; and Plaintiff’s Motion for Summary Judgment, ECF No. 17, is DENIED. Dated: January 20, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge

Reference

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