Burton v. Social Security, Commissioner of

Filing 20

ORDER accepting 18 Report and Recommendation and granting defendant's 14 Motion to Dismiss. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RONNIE BURTON,
Plaintiff,
Case No. 10-CV-14040
HON. GEORGE CARAM STEEH

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_____________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION (#18)
AND GRANTING DEFENDANT’S MOTION TO DISMISS (#14)
On October 8, 2010, plaintiff filed a complaint for judicial review following an adverse
decision of the Commissioner of Social Security. The matter was referred to Magistrate
Judge Randon. Defendant filed a motion to dismiss. On February 25, 2011, Magistrate
Judge Randon issued a Report and Recommendation on the motion to dismiss. In his
Report, Magistrate Judge Randon recommends defendant’s motion to dismiss be granted
and the case be dismissed because plaintiff’s action is barred by the statute of limitations.
On March 10, 2011, plaintiff filed objections to the Report and Recommendation. In his
objections, plaintiff argues his action was timely filed or should be considered timely filed
because holidays and weekends should not count in the calculation of the 60-day period
for filing an action. However, as discussed in the Report, holidays and weekends are
included in the calculation of the 60-day time period. Plaintiff was also provided another
five days for service by mail, resulting in 65 days to file his action. Plaintiff has provided
no valid reason to consider his action – filed more than two weeks late – timely. Plaintiff

also appears to dispute Magistrate Judge Randon’s denial of plaintiff’s requests for
documents. Because plaintiff’s action is barred by the applicable statute of limitations, the
action is dismissed and plaintiff’s arguments regarding documents are moot. The court
finds Magistrate Judge Randon’s Report and Recommendation is well-reasoned and the
court adopts it in its entirety.
For the reasons stated above, the court hereby ACCEPTS and ADOPTS Magistrate
Judge Randon’s Report and Recommendation as its findings and conclusions in this
matter. Defendant’s motion to dismiss is GRANTED and the case is DISMISSED.
SO ORDERED.
Dated: August 31, 2011

s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 31, 2011, by electronic and/or ordinary mail and upon
Ronnie Burton at 13026 E. Houston Whittier, Apt. B - #7,
Detroit, MI, 48205.
s/Marcia Beauchemin
Deputy Clerk

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