Smith v. Social Security

Filing 8

OPINION and ORDER Adopting 7 Report and Recommendation and Dismissing Case. Signed by District Judge Stephen J. Murphy, III. (DPar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAMELA JEAN SMITH,
Case No. 2:17-cv-12888
Plaintiff,
HON. STEPHEN J. MURPHY, III
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
OPINION AND ORDER ADOPTING
REPORT AND RECOMMENDATION [7] AND DISMISSING THE CASE
The Commissioner of the Social Security Administration denied Plaintiff's
application for Supplemental Security Income and Disability Insurance Benefits in a
decision issued by an Administrative Law Judge ("ALJ"). The SSA Appeals Council
declined to review the ruling, and Plaintiff appealed. The Court referred the matter to the
magistrate judge, and the magistrate judge issued a Report and Recommendation
("Report") suggesting that the Court dismiss the action pursuant to Federal Rule of Civil
Procedure 4(m).
Civil Rule 72(b) governs review of a magistrate judge's report and
recommendation. De novo review of the magistrate judge’s findings is required only if the
parties "serve and file specific written objections to the proposed findings and
recommendations." Fed. R. Civ. P. 72(b)(2). Because neither party filed timely objections,
de novo review of the Report's conclusions is not required. Having examined the record,
the Court finds that the magistrate judge's conclusions are factually based and legally
sound.
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WHEREFORE, it is hereby ORDERED that the magistrate judge's Report and
Recommendation [7] is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's complaint is DISMISSED WITHOUT
PREJUDICE.
SO ORDERED.
s/ Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: April 5, 2018
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on April 5, 2018, by electronic and/or ordinary mail.
s/ David Parker
Case Manager

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