Fucinari v. Social Security, Commissioner of

Filing 16

ORDER Granting 13 Motion for Summary Judgment; Denying 14 Motion for Summary Judgment; Accepting and Adopting 15 Report and Recommendation and Dismissing Action. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMY R. FUCINARI,
Plaintiff,
Case No.12-cv-13308
HON. GERSHWIN A. DRAIN
vs.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (#15),
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (# 13) AND
DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (# 14) AND
DISMISSING ACTION

This matter is before the court on the parties’ Cross-Motions for Summary Judgment as to
Plaintiff Amy Fucinari’s claim for judicial review of Defendant Commissioner of Social Security’s
denial of her application for disability insurance benefits. The matter was referred to Magistrate
Judge Laurie J. Michelson, who issued a Report and Recommendation on May 14, 2013,
recommending that the Court grant Defendant’s Motion for Summary Judgment, deny Plaintiff’s
Motion for Summary Judgment, and affirm the Commissioner’s findings. Neither party has filed
objections to the Magistrate Judge’s Report and Recommendation, and the time for filing objections
has expired. See 28 U.S.C. § 636(b)(1)(C).

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Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Michelson’s May 14, 2013
Report and Recommendation [#15] as this Court’s findings of fact and conclusions of law.
Defendant’s Motion for Summary Judgment [#13] is GRANTED. Plaintiff’s Motion for Summary
Judgment [#14] is DENIED.
This cause of action is dismissed.
SO ORDERED.
Dated: May 31, 2013
/s/ Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 31, 2013, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

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