Opinion
Case No. 12-CV-12643
08-28-2013
ERIC SIMON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. GEORGE CARAM STEEH
MAG. JUDGE WHALEN
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 19]
This matter is before the court on the parties' cross-motions for summary judgment as to plaintiff Eric Simon's claim for judicial review of defendant Commissioner of Social Security's decision that he is not entitled to social security disability and supplemental security income benefits. On July 19, 2013, Magistrate Judge Whalen issued a report and recommendation recommending that plaintiff's motion for summary judgment be denied and that defendant's motion for summary judgment be granted.
The court has reviewed the file, record, and magistrate judge's report and recommendation. Objections to that report have not been filed by plaintiff and the time period for doing so has expired. The failure to file objections to a report and recommendation generally constitutes a waiver of the right to appeal the judgment of the district court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). Accordingly,
IT IS HEREBY ORDERED that the court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 19).
IT IS FURTHER ORDERED that the Commissioner's motion for summary judgment (Doc. 18) hereby is GRANTED.
IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Doc. 17) hereby is DENIED.
_______________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 28, 2013, by electronic and/or ordinary mail.