Badalamenti v. Social Security, Commissioner of

Filing 20

ORDER Adopting Report and Recommendation for Denying 15 Motion for Summary Judgment filed by Vincenzo Badalamenti, Granting 18 Motion for Summary Judgment filed by Social Security, Commissioner of, re 19 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Vincenzo Badalamenti,
Plaintiff,
v.

Case No. 13-14108

Commissioner of Social Security,

Honorable Sean F. Cox

Defendant.
______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff brought this action challenging the Commissioner’s decision denying Plaintiff’s
claim for Disability Insurance Benefits. Thereafter, the matter was referred to Magistrate Judge
Patricia T. Morris for determination of all non-dispositive motions pursuant to 28 U.S.C. §
636(b)(1) and Report and Recommendation pursuant to § 636(b)(1)(B) and (C).
The parties filed cross-motions for summary judgment. In a Report and
Recommendation (“R&R”) issued on February 9, 2015, Magistrate Judge Morris recommends
that: 1) Plaintiff’s Motion for Summary Judgment be DENIED; and 2) that the Commissioner’s
Motion for Summary Judgment be GRANTED.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
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The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. The Court hereby ADOPTS the February 9, 2015 R&R.
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment is DENIED.
IT IS FURTHER ORDERED that the Commissioner’s Motion for Summary Judgment is
GRANTED and that this action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: February 27, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
February 27, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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