Reetz v. Social Security, Commissioner of

Filing 14

ORDER Adopting 13 Report and Recommendation, Denying 8 Motion to Dismiss filed by Social Security, Commissioner of and Remands to the Appeals Council. Signed by District Judge Marianne O Battani. (BSoc)

Reetz v. Social Security, Commissioner of

Doc. 14

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JANET REETZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING TO THE APPEALS COUNCIL On May 6, 2010, Plaintiff Janet Reetz filed an appeal of the denial of social security disability benefits. (Doc. 1). The case was referred to Magistrate Judge Michael Case No. 10-11853 Hon. Marianne O. Battani

Hluchaniuk for determination of all non-dispositive motions and issuance of a Report and Recommendation. (Doc. 3); See, 28 U.S.C. § 636(b)(1); E.D. Mich. LR 72.1(b)(3). On October 19, 2010, the Magistrate Judge recommended that the Court deny Defendant's Motion to Dismiss and grant Plaintiff's request to remand this matter to the Appeals Council for consideration of her request to review. (Doc.13 at 5-6). The

Magistrate Judge informed the parties that objections to the R&R must be filed within fourteen days of service and that a party's failure to file objections would waive any further right of appeal. See, (Doc. 13 at 6); 28 U.S.C. § 636(b)(1); E.D. Mich. LR 72.1(d)(2); Thomas v. Arn, 474 U.S. 140 (1985). Because no objection has been filed in this case, the parties waived their right to

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review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation, DENIES Defendant's Motion to Dismiss (Doc. 8) and REMANDS this matter to the Appeals Council for a determination on Plaintiff's Request for Review Of Hearing Decision/Order. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: November 4, 2010

CERTIFICATE OF SERVICE Copies of this Order were served upon Plaintiff and counsel of record on this date by ordinary mail and/or electronic filing. s/Bernadette M. Thebolt Case Manager

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