Summary
finding equitable tolling applicable where plaintiff received two notices and filed his complaint six weeks late
Summary of this case from Paris v. Comm'r of Soc. Sec.Opinion
Case No. 1:08cv871.
March 1, 2010
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on February 3, 2010 (Doc. 9).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Defendant's Motion to Dismiss (Doc. 6) is DENIED; Defendant is directed to file an answer and administrative transcript within twenty-one (21) days of the date of this Order.