Layman v. Social Security, Commisioner of

Filing 11

ORDER Adopting Report and Recommendation denying 8 Motion for Summary Judgment filed by Richard Layman, adopting 10 Report and Recommendation, and granting 9 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge Thomas L Ludington. (PMil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION RICHARD LAYMAN, 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 March 19, 2009, Magistrate Judge Virginia Morgan issued a report and recommendation that the Court grant Defendant's motion for summary judgment, deny Plaintiff's motion for summary judgment, and affirm the decision denying benefits. 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. # 10] is ADOPTED. It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 9] is GRANTED and Plaintiff's motion for summary judgment [Dkt. # 8] is DENIED. Case Number 08-12818 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: April 6, 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 April 6, 2009 s/Tracy A. Jacobs TRACY A. JACOBS

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