Opinion
CASE NO. 11-15311
03-08-2013
CHERYL ANN PITTENGER Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. MARIANNE O. BATTANI
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT, AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff Cheryl Ann Pittenger brings this petition for disability insurance benefits. The case was referred to Magistrate Judge Mona Majzoub pursuant to 28 U.S.C. § 636(b)(1). After the administrative law judge denied Plaintiff's petition, Plaintiff appealed and both parties filed a motion for summary judgment. In a Report and Recommendation ("R&R") dated January 22, 2013, the Magistrate Judge recommended that Plaintiff's motion for summary judgment be denied and Defendant's motion for summary judgment be granted.
In her R&R, the Magistrate Judge informed the parties that objections to the R&R must be filed within "14 days of service of a copy hereof" and a "[f]ailure to file specific objections constitutes a waiver of any further rights of appeal." R&R at 9. Neither party filed an objection.
Because no objections have 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, GRANTS Defendant's motion for summary judgment, and DENIES Plaintiff's motion for summary judgment.
IT IS SO ORDERED.
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MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on the above date a copy of this Order was served upon all parties of record, via the Court's ECF Filing System.
Bernadette M. Thebolt
Case Manager