Opinion
Case No. 13-14065
01-23-2015
HON. CHARLES E. BINDER
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Dkt. 16)
This matter is before the Court on Magistrate Judge Charles E. Binder's January 4, 2015 Report and Recommendation (Dkt. 16), recommending that Defendant's Motion for Summary Judgment (Dkt. 14) be GRANTED, that Plaintiff's Motion for Summary Judgment (Dkt. 12) be DENIED, and that the findings of the Commissioner be AFFIRMED.
The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Nevertheless, the Court has carefully reviewed and does hereby accept the Magistrate Judge Binder's Report and Recommendation of January 4, 2015, as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Binder's Report and Recommendation of January 4, 2015 (Dkt.16) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Defendant's Motion for Summary Judgment (Dkt. 14) is GRANTED, Plaintiff's Motion for Summary Judgment (Dkt. 12) is DENIED, and the decision of the Commissioner is AFFIRMED. Dated: January 23, 2015
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service
I hereby certify that this Order was electronically submitted on January 23, 2015, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager