Parks v. Social Security, Commissioner of

Filing 20

ORDER Adopting Report and Recommendation for 19 Report and Recommendation, 13 Motion for Summary Judgment filed by Roy III, Parks, 18 Motion for Summary Judgment filed by Social Security, Commissioner of Signed by District Judge Lawrence P. Zatkoff. (MVer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROY H. PARKS III, Plaintiff, v. Case No. 11-11109 Hon. Lawrence P. Zatkoff SOCIAL SECURITY, COMMISSIONER OF, Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff Roy H. Parks III brought this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of Defendant Commissioner of Social Security (“Commissioner”) denying Plaintiff’s application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under the Social Security Act. Both parties filed summary judgment motions [dkt 13, 18], which are pending before the Court. As the case is one seeking review of a denial of social security benefits, it was assigned to Magistrate Judge Laurie Michelson for determination of all non-dispositive motions pursuant to 28 U.S.C. § 636(b)(1)(A). On June 21, 2012, the Magistrate Judge issued her Report and Recommendation [dkt 19] in which the Magistrate Judge recommends denying Plaintiff’s Motion for Summary Judgment and Granting Defendant’s Motion for Summary Judgment. Plaintiff has not filed objections to the Report and Recommendation and the time period within which he must do so has expired. The Court has thoroughly reviewed the court file, Plaintiff’s application, and the Magistrate Judge’s Report and Recommendation. Based on this review, the Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court. Accordingly, it is HEREBY ORDERED that Plaintiff’s Motion for Summary Judgment [dkt 13] is DENIED. IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment [dkt 18] is GRANTED. IT IS SO ORDERED. Date: August 15, 2012 s/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF U.S. DISTRICT JUDGE

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