Aiuto v. Commisioner of Social Security

Filing 8

ORDER Adopting 7 Report and Recommendation and Dismissing Complaint Without Prejudice. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFERY AIUTO,
Plaintiff,

Case Number 18-11282
Honorable David M. Lawson
Magistrate Judge Elizabeth A. Stafford

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on September 28, 2018 by Magistrate Judge
Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the
complaint without prejudice because the plaintiff has failed to serve the summons and complaint
on the Commissioner within the time allowed by Federal Rule of Civil Procedure 4(m). Fed. R.
Civ. P. 4(m) (“If a defendant is not served within 90 days after the complaint is filed, the court —
on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice
against that defendant or order that service be made within a specified time.”). Although the report
stated that the parties to this action could object to and seek review of the recommendation within
fourteen days of service of the report, no objections have been filed thus far. The parties’ failure
to file objections to the report and recommendation waives any further right to appeal. Smith v.
Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure
to object to the magistrate judge’s report releases the Court from its duty to independently review
the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings
and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the report and recommendation (ECF No. 7) is
ADOPTED, and the complaint is DISMISSED without prejudice.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: November 15, 2018
PROOF 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 November 15, 2018.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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