UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

JESS AARON RITZ, 

 Plaintiff, Case No. 14-cv-13038 

v Honorable Thomas L. Ludington 

 Magistrate Judge Elizabeth A. Stafford 

CAROLYN W. COLVIN, acting 

Commissioner of social security, 

 

Defendant. 

__________________________________________/ 

ORDER ADOPTING THE REPORT AND RECOMMENDATION, DENYING 

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT’S 

MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE 

COMMISSIONER 

 Plaintiff Jess Aaron Ritz, a 36-year-old father of two, filed applications for Disability 

Insurance Benefits and Supplemental Security Income on October 25, 2011 alleging disability. 

After the claims were initially denied, Ritz timely requested an administrative hearing, which 

was held on February 12, 2013. On March 1, 2013 the ALJ issued a written decision finding 

Ritz not disabled. Ritz then filed appealed to this Court on August 5, 2014, alleging that he 

should have been found disabled and entitled to receive benefits due to the following ailments: 

(1) status post left ankle fracture with open reduction internal fixation; (2) avascular necrosis of 

the right hip and left hip; (3) attention deficit disorder/attention deficit hyperactivity disorder; 

and (4) gout. 

Plaintiff Ritz filed a motion for summary judgment on April 28, 2015. ECF No. 18. 

Defendant Commissioner then filed a motion for summary judgment on May 11, 2015. ECF No. 

19. On December 23, 2015, Magistrate Judge Elizabeth A. Stafford issued a report and 

recommendation. ECF No. 22. Reviewing the Commissioner’s decision under a “substantial 

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evidence” standard, the magistrate judge determined that the ALJ’s determination that Ritz is not 

disabled was supported by substantial evidence in the record. Id. The magistrate judge therefore 

recommended that Ritz’s motion for summary judgment be denied, Defendant Commissioner’s 

motion for summary judgment be granted, and the Commissioner’s decision be affirmed. 

Although the magistrate judge’s report explicitly stated that the parties to this action 

could 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. 22, is ADOPTED. 

It is further ORDERED that Plaintiff Jess Aaron Ritz’s motion for summary judgment, 

ECF No. 18, is DENIED. 

It is further ORDERED that Defendant Commissioner’s motion for summary judgment, 

ECF No. 19, is GRANTED. 

 It is further ORDERED that the Commissioner of Social Security’s decision is 

AFFIRMED. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: February 4, 2016 

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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 February 4, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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