Thomas v. Social Security, Commissioner of
ORDER Adopting Report and Recommendation for 23 Report and Recommendation, 21 Motion for Summary Judgment filed by Social Security, Commissioner of Signed by District Judge Lawrence P. Zatkoff. (MVer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
BENJAMIN THOMAS III,
CIVIL NO.: 09-13397
HON. LAWRENCE P. ZATKOFF
COMMISSIONER OF SOCIAL SECURITY,
OPINION AND ORDER ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This matter is before the Court on Defendant’s motion for summary judgment, which
was filed after Plaintiff filed a complaint challenging Defendant’s decision to deny Plaintiff
Social Security disability benefits. The Court is also in receipt of Magistrate Judge R. Steven
Whalen’s Report and Recommendation, wherein the Magistrate Judge recommends that: (1)
Plaintiff’s cause of action be dismissed with prejudice for failure to prosecute, or (2) in the
alternative, (2) Defendant’s Motion for a Summary Judgment be granted. Plaintiff has filed
an objection to the Report and Recommendation.
After a thorough review of the court file and the Report and Recommendation and the
objections to the Report and Recommendation filed by Plaintiff, this Court will adopt the
Report and Recommendation and enter it as the findings and conclusions of this Court.
Accordingly, the Court hereby ORDERS that: (1) Defendant’s Motion for Summary
Judgment is GRANTED, and (2) Plaintiff’s cause of action is hereby DISMISSED WITH
PREJUDICE. Judgment shall be entered accordingly.
IT IS SO ORDERED.
s/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
Dated: March 23, 2012
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of
record by electronic or U.S. mail on March 23, 2012.
s/Marie E. Verlinde
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