Staniecki v Social Security, Commissioner of

Filing 16

ORDER Adopting 15 Report and Recommendation, Granting 13 Motion for Summary Judgment filed by Social Security, Commissioner of, Denying 8 Motion for Summary Judgment filed by Peggy A Staniecki and Dismissing Case Signed by District Judge Avern Cohn. (LHac)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PEGGY A. STANIECKI, Plaintiff, Case No. 08-11489 v. HONORABLE AVERN COHN COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DISMISSING CASE This is a social security case. Plaintiff Peggy A. Staniecki appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment. The magistrate judge issued a report and recommendation (MJRR) recommending that the Commissioner's motion be granted, that Plaintiff's motion be denied, and the case be dismissed. Neither party has filed objections to the MJRR and the time for objections has passed. The Court has reviewed the MJRR and agrees with the magistrate judge. Accordingly, the findings and conclusions of the magistrate judge are adopted as the findings and conclusions of the Court. The Commissioner's motion for summary judgment is GRANTED. Plaintiff's motion for summary judgment is DENIED. This case is DISMISSED. SO ORDERED. s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: March 18, 2009 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, March 18, 2009, by electronic and/or ordinary mail. s/Julie Owens Case Manager, (313) 234-5160 2

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