Opinion
No. 07-CV-111-LRR.
January 28, 2009
ORDER
The matter before the court is the United States Magistrate Judge's Report and Recommendation (docket no. 29). Neither party filed objections to the Report and Recommendation within the ten-day period, as required by the Report and Recommendation, Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1)(C). Further, the court finds no plain error in the Magistrate Judge's decision. Accordingly, the court ADOPTS the Report and Recommendation. The court AFFIRMS Defendant's decision to deny AD D benefits and REMANDS on the issue of the extra accident death benefit relating to seat belt usage for further proceedings as discussed in the Report and Recommendation. The Clerk of Court is directed to CLOSE THIS CASE.