Tobias v. Social Security, Commissioner of

Filing 17

ORDER Adopting 16 Report and Recommendation, granting 14 Motion for Summary Judgment filed by Social Security, Commissioner of, denying 11 Motion for Summary Judgment filed by Priscilla J Tobias, and affirming the Commissioner's Determination. Signed by District Judge Thomas L Ludington. (CGre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION PRISCILLA J. TOBIAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE COMMISSIONER'S DETERMINATION On February 27, 2009, Magistrate Judge Michael Hluchaniuk issued a report and recommendation that the Court grant Defendant's motion for summary judgment because the determination of the Commissioner of Social Security is supported by substantial evidence. None of the parties to this action filed objections to the report and recommendation. A party's failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. # 16] is ADOPTED. It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 14] is GRANTED and Plaintiff's motion for summary judgment [Dkt. # 11] is DENIED. Case Number 07-15276 Honorable Thomas L. Ludington It is further ORDERED that the determination of Defendant is AFFIRMED and Plaintiff's complaint is DISMISSED WITH PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: March 16, 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 March 16, 2009. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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