Opinion
Case No. 10-12864.
September 8, 2011
OPINION AND ORDER
On July 20, 2010, Arthur Klains ("Plaintiff") filed this lawsuit, challenging a final decision of Defendant Commissioner of Social Security ("the Commissioner") denying Plaintiff's application for Supplemental Security Income and Disability Insurance Benefits. The parties filed cross-motions for summary judgment, and this Court referred both motions to Magistrate Judge R. Steven Whalen.
On July 11, 2011, Magistrate Judge Whalen filed his Report and Recommendation ("R R"), recommending that this Court deny Plaintiff's motion for summary judgment and grant the Commissioner's motion. At the conclusion of the R R, Magistrate Judge Whalen advises the parties that they may object and seek review of the R R within fourteen days of service upon them. R R 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 Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); Howard v. Sec'y of Health Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981)). 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 Whalen.
Accordingly,
IT IS ORDERED that Plaintiff's motion for summary judgment is DENIED;
IT IS FURTHER ORDERED that the Commissioner's motion for summary judgment is GRANTED.