Opinion
Case Number 11-CV-11148
02-08-2012
KATHERINE ANNE DALTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT,
AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
United States Magistrate Judge R. Steven Whalen issued a report and recommendation (ECF No. 21) on January 23, 2012, recommending that the Court grant Defendant's motion for summary judgment (ECF No. 14), deny Plaintiff's motion for summary judgment (ECF No. 19), and dismiss Plaintiff's complaint.
Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Whalen's report and recommendation (ECF No. 21) is ADOPTED.
It is further ORDERED that Defendant's motion for summary judgment (ECF No. 14) is GRANTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 19) is DENIED.
It is further ORDERED that the determination of the Commissioner of Social Security is AFFIRMED and that Plaintiff's complaint (ECF No. 1) is DISMISSED.
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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 February 8, 2012.
Tracy A. Jacobs
TRACY A. JACOBS