Tressler v. Social Security, Commissioner of

Filing 29

ORDER Adopting 28 Report and Recommendation granting 26 Motion for Summary Judgment filed by Social Security, Commissioner of, and denying 25 Motion for Summary Judgment filed by Richard Tressler Signed by District Judge Bernard A Friedman. (CMul)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD TRESSLER, Plaintiff, vs. HON. BERNARD A. FRIEDMAN COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________/ ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION On October 8, 2008, Magistrate Judge R. Steven Whalen submitted a Report and Recommendation ("R&R") in which he recommended that the court grant defendant's motion for summary judgment and deny plaintiff's motion for summary judgment. Neither party has objected to the R&R, and the time for them to do so has expired. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2). The court has reviewed the R&R, the parties' summary judgment motions, and the administrative record and is persuaded that, for the reasons articulated by the magistrate judge, defendant's denial of plaintiff's application for disability insurance benefits is supported by substantial evidence. Accordingly, Civil Action No. 06-CV-12817 IT IS ORDERED that Magistrate Judge Whalen's R&R is accepted and adopted as the findings and conclusions of the court. IT IS FURTHER ORDERED that defendant's motion for summary judgment is granted. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment is denied. s/Bernard A. Friedman BERNARD A. FRIEDMAN CHIEF UNITED STATES DISTRICT JUDGE Dated: October 28, 2008 Detroit, Michigan I hereby certify that a copy of the foregoing document was served upon counsel of record by electronic and/or first-class mail. S/Carol Mullins Case Manager to Chief Judge Friedman 2

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