Carter v. Social Security, Commissioner of

Filing 16

ORDER accepting 15 Report and Recommendation granting defendant's Motion to Dismiss 11 and dismissing action. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHIRLEY CARTER,
Plaintiff,
CASE NO. 15-cv-10039
HONORABLE GEORGE CARAM STEEH

vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (DOC. #15) GRANTING DEFENDANT’S
MOTION TO DISMISS (DOC. #11) AND DISMISSING ACTION
Before the court is defendant’s motion to dismiss the complaint, which was referred
to the magistrate judge for a report and recommendation. On July 22, 2015, Magistrate
Judge Michael Hluchaniuk issued his report, recommending that the court grant
defendant’s motion to dismiss, because plaintiff failed to timely seek administrative review
of the decision denying benefits. As a result, the magistrate judge concluded that there is
no final decision of the Commissioner that may be reviewed by the court.
The magistrate judge specifically stated that any objections to his report were to be
filed within 14 days of service, and that failure to file such objections constituted a waiver
of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). Plaintiff did
not file any objections.
The court has reviewed the record and briefing in this matter, as well as the
magistrate judge’s report and recommendation. Finding that report and recommendation
to be well-reasoned, the court hereby ACCEPTS the result recommended therein.
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Accordingly, defendant’s motion to dismiss (Doc. #11) is GRANTED.

This case is

DISMISSED.

Dated: August 12, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon Shirley A. Carter,
20800 Wyoming, Apt. 415, Ferndale, MI 48220 and attorneys
of record on
August 12, 2015, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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