Stark v. Social Security

Filing 13

ORDER Adopting Report and Recommendation 12 and Dismissing the Case Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEBRA K. STARK,
Plaintiff,
v.

CASE NO: 16-CV-14082-DT

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on Plaintiff’s “Motion to Amend Complaint and
Withdraw Claim” filed on 2/28/2017. The case was referred to United States Magistrate
Judge Anthony P. Patti pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The
magistrate judge issued his report on March 8, 2017 recommending that this court
construe Plaintiff’s “ Motion to Amend Complaint to Withdraw Claim” as a motion for
voluntary dismissal and grant the motion. No objections have been filed pursuant to 28
U.S.C. §636(b)(1)(C), thus further appeal rights are waived.1
Having reviewed the file and the Report, the court concludes that the findings
and conclusions of the Magistrate Judge are correct and ADOPTS the same for
purposes of this Order.

1

The failure to object to the magistrate judge's report releases the court from its duty to independently
review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).

ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report
and Recommendation, the Plaintiff’s Motion to Amend Complaint and Withdraw Claim
[Dkt # 11] is construed as a motion for voluntary dismissal pursuant to Federal Rule
of Civil Procedure 41, and the same is GRANTED.
The Clerk is directed to close the case as DISMISSED.

IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: April 7, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, April 7, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
(810-292-6522

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