Gittins v. Social Security, Commissioner of

Filing 13

ORDER Adopting Report and Recommendation Granting Motion for Summary Judgment in favor of the defendant. Signed by District Judge Marianne O Battani. (BThe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RAYMOND D. GITTINS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Raymond D. Gittins 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 Mona K. Majzoub pursuant to 28 U.S.C. 636(b)(1). Both parties filed dispositive motions, and in a Report and Recommendation ("R&R") dated June 2, 2010, Magistrate Judge Majzoub recommended that Plaintiff's Motion for Summary Judgment be denied and that Defendant's Motion for Summary Judgment be granted. In her Report and Recommendation, the Magistrate Judge informed the parties that objections to the R&R needed to be filed within "fourteen (14) days of service" and that a party's failure to file objections would waive any further right of appeal. R&R at 15. 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. 09-12334 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: June 25, 2010 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 Case Manager 2

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