Sanford v. Social Security

Filing 14

ORDER (1) Granting Plaintiff's Unopposed 12 Motion for Voluntary Dismissal and (2) Dismissing Plaintiff's 1 Complaint With Prejudice and Without Costs. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAMELA DARLENE SANFORD,
Plaintiff,

Case No. 17-cv-13318
Hon. Matthew F. Leitman

v.
COMMISSIONER OF SOC. SECURITY,
Defendant.
_________________________________/
ORDER (1) GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR
VOLUNTARY DISMISSAL (ECF #12) AND (2) DISMISSING
PLAINTIFF’S COMPLAINT (ECF #1) WITH PREJUDICE AND
WITHOUT COSTS
In this action, Plaintiff Pamela Darlene Sanford challenges the denial of her
application for disability benefits. (See Compl., ECF #1.) On March 5, 2018,
Sanford filed an unopposed motion to voluntarily dismiss her Complaint with
prejudice and without costs pursuant to Federal Rule of Civil Procedure 41(a)(2).
(See Mot., ECF #12.) On that same day, the assigned Magistrate Judge issued a
Report and Recommendation recommending that the Court grant Sanford’s
unopposed motion and dismiss her Complaint (the “R&R”). (See ECF #13.) At the
conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted
to seek review of his recommendation, they needed to file specific objections with
the Court within fourteen days. (See id. at Pg. ID 855.)
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Neither party has filed an objection to the R&R. The failure to file objections
to an R&R waives any further right to appeal. See Howard v. Sec’y of Health and
Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers
Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to
an R&R releases the Court from its duty to independently review the matter. See
Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, because no party has filed an objection to the R&R, IT IS
HEREBY ORDERED that the Magistrate Judge’s recommendation to grant
Sanford’s unopposed motion is ADOPTED.
IT IS FURTHER ORDERED that (1) Sanford’s unopposed motion for
voluntary dismissal (ECF #12) is GRANTED and (2) Sanford’s Complaint (ECF
#1) is DISMISSED WITH PREJUDICE AND WITHOUT COSTS.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
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 means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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