Collier v. Social Security, Commissioner of

Filing 9

ORDER Adopting 8 Report and Recommendation and dismissing case. Signed by District Judge Avern Cohn. (JCur)

Collier v. Social Security, Commissioner of

Doc. 9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LARNELL DARIUS MICHAEL COLLIER, Plaintiff, Case No. 10-11310 v. HONORABLE AVERN COHN COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 8) AND DISMISSING CASE This is a social security case. On April 1, 2010, plaintiff Larnell Darius Michael Collier, proceeding pro se, filed this action challenging the final determination of the Commissioner of Social Security (Commissioner) that he is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. To date, plaintiff has not served the Commissioner. On March 2, 2010, the magistrate judge issued a report and recommendation (MJRR) recommending that the complaint be dismissed for failure to prosecute under E.D. Mich. LR 41.2, failure to serve the summons and complaint in accordance with Fed. R. Civ. P. 4(c), and for failure to respond to the magistrate judge's show cause order. Plaintiff has not filed objections to the MJRR and the time for filing objections has passed. A failure to file objections to the report and recommendation waives any further

Dockets.Justia.com

right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motions. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees with the magistrate judge. Accordingly, the MJRR is ADOPTED as the findings and conclusions of the Court. This case is DISMISSED for the reasons stated in the MJRR. SO ORDERED.

S/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE

Dated: March 24, 2011

I hereby certify that a copy of the foregoing document was mailed to Larnell Darius Michael Collier, 13901 Edmore, Detroit, MI 48205 andthe attorneys of record on this date, March 24, 2011, by electronic and/or ordinary mail.

S/Johnetta Curry-Williams In the absence of Case Manager Julie Owens

2