Kidwell v. Social Security, Commissioner of

Filing 14

ORDER Adopting Report and Recommendation, GRANTING 11 Motion for Summary Judgment filed by Commissioner of Social Security and DENYING 7 Motion for Summary Judgment filed by Kathy M Kidwell Signed by District Judge Robert H. Cleland. (LWag)

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

KATHY KIDWELL,
Plaintiff,
v.

CASE NO: 11-CV-11076-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 Mona K. Majzoub pursuant to 28
U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on
July 6, 2012 recommending that this court deny plaintiff’s motion for summary judgment,
and grant defendant’s motion for summary judgment, and the instant complaint be
dismissed. 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: August 7, 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, August 7, 2012, by electronic and/or ordinary mail.

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

2