Opinion
Case No. 08-10446.
February 24, 2009
OPINION AND ORDER
On January 31, 2008, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff's application for Social Security Disability Insurance Benefits. On May 22, 2008, Plaintiff filed a motion for summary judgment. On July 23, 2008, Defendant filed a motion for summary judgment. This Court referred both motions to Magistrate Judge Mona K. Majzoub.
On January 28, 2009, Magistrate Judge Majzoub filed a 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 Majzoub advises the parties that they may object and seek review of the R R within ten days of service upon them. (R R at 20.) She further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." ( Id., citing, Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); and 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 Majzoub. 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.