Brown v. Social Security, Commissioner of
ORDER Adopting 14 Report and Recommendation Denying 10 Motion for Summary Judgment filed by Brenda Brown, Granting 13 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge David M. Lawson. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number 11-15548
Honorable David M. Lawson
COMMISSIONER OF SOCIAL SECURITY,
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AFFIRMING DECISION OF THE COMMISSIONER,
AND DISMISSING COMPLAINT
Presently before the Court is the report issued on October 12, 2012 by Magistrate Judge
David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s
motion for summary judgment, grant the defendant’s motion for summary judgment, and affirm the
decision of the Commissioner. 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 plaintiff’s motion for summary judgment [dkt. #10] is
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #13] is
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: October 30, 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 October 30, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL
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