Opinion
Case No. 08-11397.
October 23, 2008
OPINION AND ORDER
On April 2, 2008, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff's application for Social Security Disability Insurance Benefits. On August 11, 2008, Plaintiff filed a motion for summary judgment. On September 9, 2008, Defendant filed a motion for summary judgment. This Court referred both motions to Magistrate Judge Donald A. Scheer.
On September 30, 2008, Magistrate Judge Scheer filed his Report and Recommendation (R R) recommending that this Court deny Plaintiff's motion for summary judgment and grant Defendant's motion. At the conclusion of the R R, Magistrate Judge Scheer advises the parties that they may object and seek review of the R R within ten days of service upon them. (R R at 9.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." ( Id., citing United States v. Walters, 638 F.2d 947 (6th Cir. 1981), Thomas v. Arn, 474 U.S. 140 (1985); and Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991).) Neither party filed objections to the R R.
The Court has carefully reviewed the R R and concurs with the conclusions reached by Magistrate Judge Scheer. 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.