Frederick v. Social Security, Commissioner of

Filing 16

ORDER Adopting Report and Recommendation Granting 14 Motion for Summary Judgment filed by Social Security, Commissioner of, Denying 11 Motion for Summary Judgment filed by Michael Owen Frederick re 15 Report and Recommendation Signed by District Judge Sean F. Cox. (JHer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Michael Owen Frederick,
Plaintiff,
v.

Case No. 10-11349

Commissioner of Social Security,

Honorable Sean F. Cox

Defendant.
_____________________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
Plaintiff brought this action challenging a final decision of Defendant Commissioner
denying his application for Disability Insurance Benefits under the Social Security Act.
Thereafter, both parties filed cross-motions for summary judgment, which were referred to
Magistrate Judge Steven Whalen pursuant to 28 U.S.C. §636(b). On March 25, 2011, Magistrate
Judge Whalen issued his Report and Recommendation (“R&R”), wherein he recommends that:
1) Defendant’s Motion for Summary Judgment be granted; and 2) Plaintiff’s Motion for
Summary Judgment be denied.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must file 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.
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The Court hereby ADOPTS the March 25, 2011 R&R. IT IS ORDERED that
Defendant’s Motion for Summary Judgment is GRANTED. It is FURTHER ORDERED that
Plaintiff’s Motion for Summary Judgment is DENIED.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: April 20, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record on
April 20, 2011, by electronic and/or ordinary mail.
S/Jennifer Hernandez
Case Manager

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