Spears v. Social Security, Commissioner of

Filing 23

ORDER Adopting 22 Report and Recommendation, Granting 19 Motion for Summary Judgment filed by Social Security, Commissioner of, Denying 15 Motion for Summary Judgment filed by April D. Spears. Signed by District Judge Paul D. Borman. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION APRIL D. SPEARS, Case No. 13-13905 Plaintiff, Paul D. Borman United States District Judge v. COMMISSIONER OF SOCIAL SECURITY, Charles Binder United States Magistrate Judge Defendant. ______________________________/ OPINION AND ORDER: (1) ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (ECF No. 22); (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF No. 15); AND (3) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 19) On September 29, 2014, Magistrate Judge Charles Binder issued a Report and Recommendation addressing the outstanding motions in this action. (ECF No. 22). In the Report and Recommendation, the Magistrate Judge recommends that this Court deny Plaintiff’s motion for summary judgment (ECF No. 15) and grant Defendant’s motion for summary judgment (ECF No. 19). Having reviewed the Report and Recommendation and there being no timely objections filed to the report pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court will adopt the Magistrate Judge’s Report and Recommendation. Therefore, the Court ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 22), GRANTS Defendant Commissioner’s Motion for Summary Judgment (ECF No. 19), DENIES Plaintiff’s Motion for Summary Judgment (ECF No. 15), and DISMISSES this action with PREJUDICE. IT IS SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 1, 2014 CERTIFICATE 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 December 1, 2014. s/Deborah Tofil Case Manager 2

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