Opinion
Case No. 08-13023.
August 11, 2009
OPINION AND ORDER
On July 14, 2008, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff's application for Supplemental Security Income. On December 1, 2008, Plaintiff filed a motion for summary judgment. On February 2, 2009, Defendant filed a motion for summary judgment. This Court referred both motions to Magistrate Judge R. Steven Whalen.
On July 16, 2009, Magistrate Judge Whalen 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 Whalen advises the parties that they may object and seek review of the R R within ten days of service upon them. (R R at 22-23.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." ( Id. at 23, citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); Howard v. Sec'y of Health and 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 Defendant's motion for summary judgment is GRANTED.