Dalton v. Social Security, Commissioner of

Filing 22

ORDER adopting 21 Report and Recommendation; granting 14 Motion for Summary Judgment; denying 19 Motion for Summary Judgment. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
KATHERINE ANNE DALTON,
Plaintiff,
v.

Case Number 11-CV-11148
Honorable Thomas L. Ludington

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
United States Magistrate Judge R. Steven Whalen issued a report and recommendation
(ECF No. 21) on January 23, 2012, recommending that the Court grant Defendant’s motion for
summary judgment (ECF No. 14), deny Plaintiff’s motion for summary judgment (ECF No. 19),
and dismiss Plaintiff’s complaint.
Either party may serve and file written objections “[w]ithin fourteen days after being
served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the report . . . to which objection is
made.” Id. Where, as here, neither party objects to the report, the district court is not obligated
to independently review the record. Thomas v. Arn, 474 U.S. 140, 149–52 (1985).
Accordingly, it is ORDERED that Judge Whalen’s report and recommendation (ECF
No. 21) is ADOPTED.
It is further ORDERED that Defendant’s motion for summary judgment (ECF No. 14) is
GRANTED.

It is further ORDERED that Plaintiff’s motion for summary judgment (ECF No. 19) is
DENIED.
It is further ORDERED that the determination of the Commissioner of Social Security is
AFFIRMED and that Plaintiff’s complaint (ECF No. 1) is DISMISSED.

Dated: February 8, 2012
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

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 8, 2012.
s/Tracy A. Jacobs
TRACY A. JACOBS

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