Mitchell v. Social Security, Commissioner of

Filing 12

ORDER Adopting 11 Report and Recommendation for Granting 9 Motion to Dismiss filed by Social Security, Commissioner of. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GLENN M.,
Plaintiff,
Civil Case No. 23-13034
v.
COMMISSIONER OF SOCIAL
SECURITY,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING
2/21/24 REPORT AND RECOMMENDATION
AND DISMISSING ACTION FOR
FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
Acting pro se, Plaintiff filed this action against Defendant Commissioner of Social
Security on November 30, 2023. This Court referred the matter to Magistrate Judge Patricia T.
Morris for issuance of a report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B) and
(C). (ECF No. 10).
Thereafter, Defendant filed a Motion to Dismiss. (ECF No. 9). Plaintiff did not respond
to that motion.
In a Report and Recommendation issued on February 21, 2024, the magistrate judge
recommends that this Court grant the motion and dismiss Plaintiff’s complaint for failure to
exhaust administrative remedies.
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
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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.
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 21, 2024 R&R.

IT IS ORDERED that Defendant’s Motion to Dismiss is GRANTED, to the extent that
this Court DISMISSES this action for failure to exhaust administrative remedies.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: March 26, 2024

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