Luna v. Social Security, Commissioner of

Filing 13

ORDER adopting 12 Report and Recommendation denying 10 Motion for Summary Judgment; granting 11 Motion for Summary Judgment. Signed by Honorable Robert H Cleland. (BSoc)

Luna v. Social Security, Commissioner of

Doc. 13

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANK LUNA Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter case was referred to United States Magistrate Judge Steven D. Pepe pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on January 4, 2008, recommending that defendant's motion for summary judgment should be granted, and that plaintiff's motion for summary judgment be DENIED. No objections have been filed pursuant to 28 U.S.C. 636(b)(1)(C), thus Case No: 07-12112

further appeal rights are waived.1 Having reviewed the file and the report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order.

The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).

1

Dockets.Justia.com

ORDER IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Defendant's motion for summary judgment is GRANTED.

IT IS SO ORDERED.

s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: February 1, 2008 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, February 1, 2008, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk [phone]

2