Clymer v. Social Security, Commissioner of

Filing 11

ORDER signed by District Judge David M. Lawson Adopting Magistrate Judge's Report and Recommendation and Granting Defendant's Motion for Summary Judgment. (Grimes, K.)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHIRLEY CLYMER, Plaintiff, Case Number 13-11838 Honorable David M. Lawson Magistrate Judge Mona K. Majzoub v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Presently before the Court is the report issued on June 30, 2014 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendant’s motion for summary judgment. Although the report stated that the parties to this action could 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. #10] is ADOPTED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #9] is GRANTED. It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #8] is DENIED. It is further ORDERED that the plaintiff’s complaint [dkt. #1] is DISMISSED WITH PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: June 21, 2014 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 June 21, 2014. s/Shawntel Jackson SHAWNTEL JACKSON -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?