Opinion
Case Number: 11-12951
08-23-2012
KOLIN B. BERNARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This case was referred to United States Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b)(1)(B), E.D. Mich. LR 72.1(b)(3). ECF No. 3. Before Magistrate Judge Majzoub were the parties' cross-motions for summary judgment. The magistrate judge issued her report on July 25, 2012, recommending that this Court grant Defendant's motion for summary judgment, deny Plaintiff's, and dismiss the case. ECF No. 15. Fourteen days later, Plaintiff filed a motion to extend the time to file objections to that report. ECF No. 16. The motion was granted, extending Plaintiff's time to file objections by fourteen days. ECF No. 17. The order specifically required objections "no later than August 22, 2012." Id. As of August 23, no objections have been filed, and Plaintiff's right to do so is deemed waived. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 15, is ADOPTED.
It is ORDERED that the defendant's motion for summary judgment, ECF No. 13, is GRANTED, and the plaintiff's motion for summary judgment, ECF No. 11, is DENIED.
It is further ORDERED that the determination of the Commissioner of Social Security is AFFIRMED and that the complaint, ECF No. 1, is DISMISSED with prejudice.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 23, 2012.
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TRACY A. JACOBS