Opinion
Civil Action No. 13-CV-14662
11-26-2014
JESSE BALLARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, and DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
On November 10, 2013, Plaintiff filed this lawsuit challenging the final decision of the Commissioner denying Plaintiff's application for disability insurance benefits. On February 19, 2014, Plaintiff filed a motion for summary judgment. On April 21, 2014, Defendant filed a motion for summary judgment. The Court referred both motions to Magistrate Judge Patricia T. Morris for all pretrial proceedings.
On October 29, 2014, Magistrate Judge Morris issued a Report and Recommendation (R&R) recommending that the Court deny Plaintiff's motion for summary judgment and grant Defendant's motion for summary judgment. At the conclusion of the R&R, Magistrate Judge Morris advises the parties that they may object and seek review of the R&R within 14 days of service upon them. R&R at 25 (ECF No. 12 Page ID 527). She further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." Id. Neither party has filed objections to the R&R, and the time to do so has expired.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by the Magistrate Judge. The Court therefore adopts the Magistrate Judge's R&R. Accordingly,
IT IS ORDERED that Plaintiff's motion for summary judgment is DENIED;
IT IS FURTHER ORDERED that Defendant's motion for summary judgment is GRANTED. Dated: November 26, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to: Richard J. Doud, Esq.
Derri T. Thomas, Esq.