Lewis v. Social Security, Commissioner of

Filing 12

OPINION AND ORDER denying 9 Motion for Summary Judgment; granting 10 Motion for Summary Judgment; adopting 11 Report and Recommendation on 10 Motion for Summary Judgment, 9 Motion for Summary Judgment, 11 Report and Recommendation. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM LEWIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on October 13, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Case No. 08-14529 Honorable Patrick J. Duggan

On October 24, 2008, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff's application for Disability Insurance Benefits. On March 16, 2009, Plaintiff filed a motion for summary judgment. On April 9, 2009, Defendant filed a motion for summary judgment. This Court referred both motions to Magistrate Judge Virginia Morgan. On August 24, 2009, Magistrate Judge Morgan filed her Report and Recommendation (R&R) recommending that this Court deny Plaintiff's motion for summary judgment and grant Defendant's motion. At the conclusion of the R&R, Magistrate Judge Morgan advises the parties that they may object and seek review of the

R&R within ten days of service upon them. (R&R at 14-15.) She further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." (Id., citing Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); and United States v. Walters, 638 F.2d 947 (6th Cir. 1981)). Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Morgan. Accordingly, IT IS ORDERED, that Plaintiff's motion for summary judgment is DENIED; IT IS FURTHER ORDERED, that Defendant's motion for summary judgment is GRANTED. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Mikel E. Lupisella, Esq. Derri T. Thomas, Esq. Magistrate Judge Virginia Morgan

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