Bernard v. Social Security, Commissioner of

Filing 18

ORDER adopting 15 Report and Recommendation; denying 11 Motion for Summary Judgment; granting 13 Motion for Summary Judgment and affirming Commissioner of Social Security. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

KOLIN B. BERNARD,
Plaintiff,
Case Number: 11-12951
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 case was referred to United States Magistrate Judge Mona K. Majzoub pursuant to
28 U.S.C. § 636(b)(1)(B), E.D. Mich. LR 72.1(b)(3). ECF No. 3. Before Magistrate Judge
Majzoub were the parties’ cross-motions for summary judgment. The magistrate judge issued
her report on July 25, 2012, recommending that this Court grant Defendant’s motion for
summary judgment, deny Plaintiff’s, and dismiss the case. ECF No. 15. Fourteen days later,
Plaintiff filed a motion to extend the time to file objections to that report. ECF No. 16. The
motion was granted, extending Plaintiff’s time to file objections by fourteen days. ECF No. 17.
The order specifically required objections “no later than August 22, 2012.” Id. As of August 23,
no objections have been filed, and Plaintiff’s right to do so is deemed waived. The election to not
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).
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 15, is ADOPTED.

It is ORDERED that the defendant’s motion for summary judgment, ECF No. 13, is
GRANTED, and the plaintiff’s motion for summary judgment, ECF No. 11, is DENIED.
It is further ORDERED that the determination of the Commissioner of Social Security is
AFFIRMED and that the complaint, ECF No. 1, is DISMISSED with prejudice.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: August 23, 2012

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 August 23, 2012.
s/Tracy A. Jacobs
TRACY A. JACOBS