Gray v. Social Security, Commissioner of

Filing 15

ORDER Adopting Report and Recommendation 14 GRANTING 13 Motion for Summary Judgment filed by Commissioner of Social Security, and DENYING 8 Motion for Summary Judgment filed by Juanita Gray Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JUANITA GRAY, Plaintiff, v. CASE NO: 10-CV-13688-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 Michael Hluchaniuk pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on January 30, 2012 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: February 23, 2012 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, February 23, 2012, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 2

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