Opinion
Case No. 12-12035
07-29-2013
CARRIE HAWES, Plaintiff, v. MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING COMMISSIONER'S
DECISION
Carrie Hawes filed a complaint challenging the Commissioner of Social Security's final denial of her application for Social Security Disability benefits. On October 1, 2012, Hawes filed a motion for summary judgment. The Commissioner filed a cross motion on November 1, 2012.
On July 9, 2013, United States Magistrate Judge Laurie J. Michelson issued a report recommending the Commissioner's motion be granted, Hawes's motion be denied, and the decision of the Commissioner be affirmed. See Report & Recommendation 1, ECF No. 10. As of today's date, no party has filed any objections to Judge Michelson's report and recommendation. The election to not file objections to the 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 Judge Michelson's report and recommendation, ECF No. 10, is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment, ECF No. 8, is DENIED.
It is further ORDERED that the Commissioner's motion for summary judgment, ECF No. 9, is GRANTED.
It is further ORDERED that Commissioner's denial of Plaintiff's benefits is AFFIRMED.
It is further ORDERED that Plaintiff's 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 July 29, 2013.
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TRACY A. JACOBS