Opinion
Case No. 12-13212
07-03-2013
RANDY HERBERT HOLLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Hon. Marianne O. Battani
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff Randy Holly brings this action challenging the final decision of the Commissioner denying his application for Disability Insurance Benefits and Supplemental Security income ("SSI") benefits. The case was referred to Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1). Both parties filed dispositive motions, and in a Report and Recommendation ("R&R") dated May 16, 2013, Magistrate Judge Binder recommended that Plaintiff's Motion for Summary Judgment be denied and that Defendant's Motion for Summary Judgment be granted.
In his Report and Recommendation, the Magistrate Judge informed the parties that objections to the R&R needed to be filed within "fourteen (14) days of service" and that a party's failure to file objections would waive any further right of appeal. (R&R at 17). Neither party filed an objection.
Because no objection has been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's recommendation, DENIES Plaintiff's Motion for Summary Judgment, and GRANTS Defendant's Motion for Summary Judgment. Plaintiff's Complaint is DISMISSED in its entirety.
IT IS SO ORDERED.
______________________
MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
A copy of this Order was e-filed and/or mailed to counsel of record on this date.
Bernadette M. Thebolt
Case Manager