Mims v. Social Security, Commissioner of
Filing
15
ORDER Adopting 14 Report and Recommendation Denying 9 Motion for Summary Judgment filed by Melvin Mims, Granting 12 Motion for Summary Judgment filed by Social Security, Commissioner of and Dismissing Complaint - Signed by District Judge David M. Lawson. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MELVIN MIMS,
Plaintiff,
v.
Case Number 11-11978
Honorable David M. Lawson
Magistrate Judge Mona K. Majzoub
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING
COMPLAINT
Presently before the Court is the report issued on July 6, 2012 by Magistrate Judge Mona K.
Majzoub pursuant to 28 U.S.C. § 636(b), recommending that this Court deny the plaintiff’s motion
for summary judgment, grant the defendant’s motion for summary judgment, and dismiss the
complaint. Although the Magistrate Judge’s report explicitly stated that the parties to this action
may object to and seek review of the recommendation within fourteen days of service of the report,
no objections have been filed thus far. The parties’ failure to file objections to the Report and
Recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231,
829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge’s report
releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140,
149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt.
# 14] is ADOPTED.
It is further ORDERED that the plaintiffs’ motion for summary judgment [dkt. #9] is
DENIED.
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #12] is
GRANTED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 1, 2012
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 1, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL
-2-
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