Thomas v. Social Security, Commissioner of

Filing 13

ORDER adopting 12 Report and Recommendation; denying 8 Motion for Summary Judgment; granting 11 Motion for Summary Judgment. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
ERNEST LEE THOMAS,
Plaintiff,
v.

Case Number 11-cv-15032
Honorable Thomas L. Ludington

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 the report and recommendation (ECF No. 12) issued
by Magistrate Judge R. Steven Whalen on November 27, 2012. Judge Whalen recommends that
the Court grant Defendant’s motion for summary judgment (ECF No. 11), deny Plaintiff’s
motion for summary judgment (ECF No. 8), and dismiss the complaint (ECF No. 1).
Any 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. The Court is not obligated to review the portions of the report to which no objection
was made. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). As of today’s date, no party has filed
any objections to Judge Whalen’s report and recommendation.
Accordingly, it is ORDERED that Judge Whalen’s report and recommendation (ECF
No. 12) is ADOPTED.
It is further ORDERED that Defendant’s motion for summary judgment (ECF No. 11) is
GRANTED.

It is further ORDERED that Plaintiff’s motion for summary judgment (ECF No. 8) is
DENIED.
It is further ORDERED that the complaint (ECF No. 1) is DISMISSED.

Dated: December 14, 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 December 14, 2012.
s/Tracy A. Jacobs
TRACY A. JACOBS

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