Martin v. Social Security, Commissioner of

Filing 19

ORDER Adopting Report and Recommendation GRANTING 17 Motion for Summary Judgment filed by Social Security, Commissioner of, re 18 Report and Recommendation Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK E. MARTIN, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. _____________________________________/ ORDER ACCEPTING REPORT & RECOMMENDATION Proceeding pro se, Plaintiff Mark E. Martin ("Plaintiff") brought this action under 42 U.S.C. §405(g) seeking review of the denial of his application for Social Security Disability Insurance Benefits. On May 30, 2008, the matter was referred to Magistrate Judge Donald Scheer for determination of all non-dispositive motions pursuant to 28 U.S.C. § 636(b)(1)(A) and issuance of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). (Docket Entry No. 3). Thereafter, Magistrate Judge Scheer issued a Scheduling Order, which included deadlines for the parties to file motions for summary judgment. Those deadlines were later extended, at the request of the parties. Nevertheless, Plaintiff did not file a Motion for Summary Judgment and the time permitted for doing so has expired. Defendant filed a timely Motion for Summary Judgment and Plaintiff did not file a brief in response to that motion. On January 23, 2009, Magistrate Judge Scheer filed a Report and Recommendation ("R&R") wherein he recommends that the Court grant Defendant's Motion for Summary CASE NO. 08-12324 HONORABLE SEAN F. COX

1

Judgment and dismiss Plaintiff's complaint. Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within ten (10) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id. Although the time permitted for filing objections has long since passed, Plaintiff has not filed any objections to the R&R. Accordingly, the Court ACCEPTS and ADOPTS the January 23, 2009 R&R. IT IS ORDERED that Defendant's Motion for Summary Judgment is GRANTED and that Plaintiff's Complaint be DISMISSED WITH PREJUDICE. IT IS SO ORDERED. s/ Sean F. Cox United States District Judge Date: March 19, 2009 I hereby certify that on March 19, 2009, a copy of the foregoing document was served upon counsel of record by electronic means and by First Class Mail upon: Mark Elwyn Martin 5442 Westchester Dr Flint, MI 48532 s/ Jennifer Hernandez Case Manager

2