Smith v. Social Security, Commissioner of

Filing 19

OPINION AND ORDER Adopting Report and Recommendation for 18 Report and Recommendation, 14 Motion for Summary Judgment filed by Linzie L Smith, 17 Motion for Summary Judgment filed by Social Security, Commissioner of Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LINZIE L. SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Linzie L. Smith brings this action challenging the final decision of the Commissioner denying his application for Social Security disability insurance benefits. The case was referred to Magistrate Judge Donald A. Scheer pursuant to 28 U.S.C. § 636(b)(1). Both parties filed dispositive motions, and in a Report and Recommendation ("R&R") dated February 13, 2009, Magistrate Judge Scheer recommended that Plaintiff's Motion for Summary Judgment be denied and that Defendant's Motion for Summary Judgment be granted. In his Report and Recommendation, the Magistrate Judge informed the parties that objections to the R&R needed to be filed within "ten (10) days of service" and that a party's failure to file objections would waive any further right of appeal. R&R at 7-8. Neither party filed an objection. Because no objection has been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's Case No. 08-12858 Hon. Marianne O. Battani

recommendation, DENIES Plaintiff's Motion for Summary Judgment, and GRANTS

Defendant's Motion for Summary Judgment. Plaintiff's Complaint is DISMISSED in its entirety. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATE: March 11, 2009

CERTIFICATE OF SERVICE A copy of this Order was e-filed and/or mailed to counsel of record on this date.

s/Bernadette M. Thebolt Deputy Clerk

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