Opinion
Case Number 11-12980
05-23-2012
THEODORE LEE OHMER, JR., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable David M. Lawson
Magistrate Judge Charles E. Binder
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AFFIRMING DECISION
OF THE COMMISSIONER, AND DISMISSING COMPLAINT
Presently before the Court is the report issued on May 1, 2012 by Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the defendant's motion for summary judgment, deny the plaintiff's motion for summary judgment, and affirm the findings of the Commissioner. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that Magistrate Judge Charles E. Binder's report and recommendation [dkt. # 11] is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment [dkt. #10] is GRANTED.
It is further ORDERED that the plaintiffs' motion for summary judgment [dkt. #9] is DENIED.
It is further ORDERED that the findings of the Commissioner are AFFIRMED.
It is further ORDERED the plaintiff's complaint [dkt. #1] is DISMISSED.
______________________
DAVID M. LAWSON
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 May 23, 2012.
DEBORAH R. TOFIL