Jandereski v. Social Security, Commissioner of

Filing 13

ORDER Adopting Report and Recommendation, Denying 10 Motion for Summary Judgment filed by Sally M Jandereski, and Granting 11 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge Robert H. Cleland. (BSoc)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SALLY M. JANDERESKI,
Plaintiff,
v.

CASE NO: 10-CV-11677-DT

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on cross motions for summary judgment. The case
was referred to United States Magistrate Judge Virginia M. Morgan pursuant to 28 U.S.C.
§636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on March 25,
2011 recommending that this court deny plaintiff’s motion for summary judgment, and grant
defendant’s motion for summary judgment. No objections have been filed pursuant to 28
U.S.C. §636(b)(1)(C), thus further appeal rights are waived.1
Having reviewed the file and the Report, the court concludes that the findings and
conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of
this Order.

1

The failure to object to the magistrate judge's report releases the court from its duty to
independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).

ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and
Recommendation, the Plaintiff’s motion for summary judgment is DENIED and defendant’s
motion for summary judgment is GRANTED.

IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: April 20, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, April 20, 2011, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

2