Baker v. Social Security, Commissioner of

Filing 19

ORDER Adopting Report and Recommendation GRANTING 12 Motion to Dismiss filed by Social Security, Commissioner of, re 17 Report and Recommendation Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TAMMY BAKER O/B/O MICHAEL BAKER, PLAINTIFF, v. COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. _____________________________________/ ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION Plaintiff brought this action seeking judicial review of the Commissioner's decision denying Mr. Baker's application for social security disability benefits. Thereafter, Defendant filed a Motion to Dismiss, which was referred to Magistrate Judge Virginia Morgan pursuant to 28 U.S.C. §636(b)(1)(B) & (C). On January 29, 2010, Magistrate Judge Morgan issued her R&R which recommends that the Motion to Dismiss be granted. 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 fourteen (14) 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. The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. The Court hereby ADOPTS the January 29, 2010 R&R. IT IS ORDERED that CASE NO. 09-10507 HONORABLE SEAN F. COX

1

Defendant's Motion to Dismiss is GRANTED. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: February 26, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on February 26, 2010, by electronic and/or ordinary mail. s/Jennifer Hernandez Case Manager

2