Garber v. Social Security, Commissioner of

Filing 27

ORDER Adopting 26 Report and Recommendation for 24 Motion for Summary Judgment filed by Ellen Garber and 25 Motion for Summary Judgment filed by Social Security, Commissioner of Signed by District Judge Thomas L Ludington. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ELLEN GARBER, Plaintiff, Case Number 07-14835-BC Honorable Thomas L. Ludington v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on a report issued by Magistrate Judge Michael Hluchaniuk on May 20, 2009. The magistrate judge recommends denying Plaintiff's motion for summary judgment and granting Defendant's motion for summary judgment. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object 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). However, the Court agrees with the reasoning and conclusion of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 26] is ADOPTED.

It is further ORDERED that Plaintiff's motion for summary judgment [Dkt. # 24] is DENIED, and that Defendant's motion for summary judgment [Dkt. # 25] is GRANTED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: June 17, 2009

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 June 17, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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