UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

JORDAN SIMON HALL, 

 Plaintiff, Case No. 14-cv-13767 

v. Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

CAROLYN W COLVIN, Commissioner of 

Social Security, 

 Defendant. 

__________________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S 

MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S MOTION FOR 

SUMMARY JUDGMENT, AFFIRMING DECISION OF THE ADMINISTRATIVE LAW 

JUDGE, AND DISMISSING PLAINTIFF’S COMPLAINT WITH PREJUDICE 

 On September 30, 2014, Plaintiff Jordan Simon Hall filed a Complaint appealing the 

determination by the Social Security Administration that he was not entitled to benefits. Compl., 

ECF No. 1. On May 31, 2015, Hall filed a motion for summary judgment seeking a 

determination that the Administrative Law Judge (“ALJ”) who found he was not disabled erred 

in that conclusion. Pl.’s Mot. Summ. J., ECF No. 13. Defendant, the Commissioner of the Social 

Security Administration, Carolyn Colvin, also filed a motion for summary judgment seeking 

affirmance of the ALJ’s determination. Def.’s Mot. Summ. J., ECF No. 14. All pretrial matters in 

this case were referred to Magistrate Judge R. Steven Whalen for determination of all nondispositive motions and issuance of a Report and Recommendation. ECF No. 2. On January 13, 

2015, the case was reassigned to Magistrate Judge Anthony P. Patti. ECF No. 9. 

On December 4, 2015, Judge Patti issued a Report recommending that Hall’s motion for 

summary judgment be denied, the Commissioner’s motion for summary judgment be granted, 

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and that the decision of the ALJ be affirmed. Rep. & Rec., ECF No. 15. Judge Patti addressed 

Hall’s sole claim: that the ALJ did not properly evaluate Hall’s treating physician’s professional 

opinion. Judge Patti concluded that Hall’s contention was unfounded and that the ALJ did indeed 

rely on many of Hall’s physician’s conclusions. Judge Patti further concluded that Hall’s 

argument that his physician’s opinion was not properly weighted was meritless. The ALJ, 

according to Judge Patti, adequately explained why he was disagreeing with Hall’s physician’s 

opinion. Judge Patti recommended affirming the ALJ’s denial of benefits. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections to the 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 15, is ADOPTED. 

 It is further ORDERED that Plaintiff Hall’s Motion for Summary Judgment, ECF No. 

13, is DENIED. 

 It is further ORDERED that Defendant Carolyn Colvin’s Motion for Summary 

Judgment, ECF No. 14, is GRANTED. 

 It is further ORDERED that the decision of the Administrative Law Judge is 

AFFIRMED. 

 It is further ORDERED that Plaintiff Hall’s Complaint, ECF No. 1, is DISMISSED

with prejudice. 

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s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: January 8, 2016 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on January 8, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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