Tinpan v. Social Security, Commissioner of
Filing
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OPINION AND ORDER denying 15 Motion to Remand ; granting 19 Motion for Summary Judgment; adopting 22 Report and Recommendation on 15 Motion to Remand, 19 Motion for Summary Judgment, 22 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SALAH G. TINPAN,
Plaintiff,
v.
Civil Action No. 13-CV-12613
Honorable Patrick J. Duggan
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
____________________/
ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT, and DENYING PLAINTIFF’S MOTION TO REMAND
On June 14, 2013, Plaintiff filed this lawsuit challenging the final decision of the
Commissioner denying Plaintiff’s application for social security disability insurance benefits.
On December 9, 2013, Plaintiff filed a motion to remand pursuant to sentence six of 42 U.S.C. §
405(g). On April 2, 2014, Defendant filed a motion for summary judgment. The Court referred
the matter to the Magistrate Judge for all pretrial proceedings.
On June 4, 2014, Magistrate Judge Charles E. Binder issued a Report and
Recommendation (R&R) recommending that the Court deny Plaintiff’s motion to remand and
grant Defendant’s motion for summary judgment. At the conclusion of the R&R, Magistrate
Judge Binder advises the parties that they may object and seek review of the R&R within 14
days of service upon them. R&R at 5. He further specifically advises the parties that “[f]ailure
to file specific objections constitutes a waiver of any further right to appeal.” Id. Neither party
has filed objections to the R&R, and the time to do so has expired.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by
the Magistrate Judge. The Court therefore adopts the Magistrate Judge’s R&R. Accordingly,
IT IS ORDERED that Plaintiff’s motion to remand is DENIED;
IT IS FURTHER ORDERED that Defendant’s motion for summary judgment is
GRANTED.
Dated: June 25, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Kelie C. Schneider, Esq.
Thomas J. Bertino, Esq.
Linda Januszyk, Esq.
Meghan O'Callaghan, Esq.
Theresa M. Urbanic, Esq.
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