Opinion
Case Number 12-15173
2013-09-18
HENRY CALVERT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendants.
Honorable David M. Lawson
Magistrate Judge David R. Grand
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT, DENYING
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE
ADMINISTRATIVE LAW JUDGE'S DECISION
Presently before the Court is the report issued on August 30, 2013 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the Commissioner's motion for summary judgment, deny the plaintiff's motion for summary judgment, and affirm the Administrative Law Judge's ("ALJ") decision. Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #11] is ADOPTED.
It is further ORDERED that Commissioner's motion for summary judgment [dkt. #10] is GRANTED.
It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #9] is DENIED.
It is further ORDERED that the ALJ's decision is AFFIRMED.
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DAVID M. LAWSON
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 September 18, 2013.
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SHAWNTEL JACKSON