Eisele v. Social Security, Commissioner of

Filing 13

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT Signed by District Judge Marianne O. Battani. (KDoa)

UNTIED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THOMAS EISELE,
Plaintiff,
CASE NO. 2:13-cv-13223
v.
HON. MARIANNE O. BATTANI
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________ __________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Thomas Eisele brings this action challenging the final decision of the
Commissioner denying his application for Social Security Disability Insurance Benefits
and Supplemental Security Income. (Doc. 1.) The case was referred to Magistrate
Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b)(1). (Doc. 2.) Both parties filed
dispositive motions, and in a Report and Recommendation ("R&R") dated December 16,
2014, Magistrate Judge Majzoub recommended that Plaintiff's Motion for Summary
Judgment be denied and that Defendant's Motion for Summary Judgment be granted.
(Doc. 12.)
In her Report and Recommendation, the Magistrate Judge informed the parties
that objections to the R&R needed to be filed within “14 days of service” and that a
party’s failure to file objections would waive any further right of appeal. (Doc. 12, p. 9.)
Neither party filed an objection.

Because no objection has been filed in this case, the parties waived their right to
de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge’s
Report and Recommendation (Doc. 12), DENIES Plaintiff’s Motion for Summary
Judgment (Doc. 9), and GRANTS Defendant’s Motion for Summary Judgment (Doc.
11). Plaintiff’s Complaint is DISMISSED in its entirety.
IT IS SO ORDERED.

Date: February 5, 2015

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on February 5, 2015.
s/ Kay Doaks
Case Manager