Brown v. Social Security, Commissioner of

Filing 15

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRENDA BROWN, Plaintiff, v. Case Number 11-15548 Honorable David M. Lawson 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, 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 DENIED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #13] is GRANTED. 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 -2-

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