UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

ARBURN RAINEY, 

 Plaintiff, Case No. 14-cv-14396 

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 Arburn Rainey filed an application for Disability Insurance Benefits in January 

of 2012, alleging a disability onset date of March 10, 2006. After his claim was initially denied 

Rainey timely requested an administrative hearing, which was held on May 2, 2013. On June 5, 

2013 the ALJ issued a written decision finding Rainey not disabled. Rainey then appealed to this 

Court on November 17, 2014, alleging that he should have been found disabled beginning March 

10, 2006. See Compl., ECF No. 1. 

Plaintiff Rainey filed a motion for summary judgment on March 30, 2015. ECF No. 13. 

The case was stayed on June 9, 2015, and Rainey’s prior attorney and his firm’s representation 

was terminated from this case as well as other Social Security cases due to malfeasance on 

January 6, 2016. The stay was lifted on January 7, 2016, and Rainey was given an opportunity to 

find substitute counsel and file another motion for summary judgment, which he did not do. See 

ECF Nos. 20-21. Defendant Commissioner then filed a motion for summary judgment on April 

7, 2016. ECF No. 24. Rainey did not file a response. 

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On June 15, 2016 Magistrate Judge Elizabeth A. Stafford issued a report and 

recommendation. ECF No. 25. Reviewing the Commissioner’s decision under a “substantial 

evidence” standard, the magistrate judge found that the ALJ’s determination that Rainey was not 

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

recommended that Rainey’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. 25, is ADOPTED. 

It is further ORDERED that Plaintiff Arburn Rainey’s motion for summary judgment, 

ECF No. 13, is DENIED. 

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

ECF No. 24, 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: July 25, 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 July 25, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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