Opinion
Civil Action No. 13-CV-12613
06-25-2014
SALAH G. TINPAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Patrick J. Duggan
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT, and DENYING PLAINTIFF'S MOTION TO REMAND
On June 14, 2013, Plaintiff filed this lawsuit challenging the final decision of the Commissioner denying Plaintiff's application for social security disability insurance benefits. On December 9, 2013, Plaintiff filed a motion to remand pursuant to sentence six of 42 U.S.C. § 405(g). On April 2, 2014, Defendant filed a motion for summary judgment. The Court referred the matter to the Magistrate Judge for all pretrial proceedings.
On June 4, 2014, Magistrate Judge Charles E. Binder issued a Report and Recommendation (R&R) recommending that the Court deny Plaintiff's motion to remand and grant Defendant's motion for summary judgment. At the conclusion of the R&R, Magistrate Judge Binder advises the parties that they may object and seek review of the R&R within 14 days of service upon them. R&R at 5. He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." Id. Neither party has filed objections to the R&R, and the time to do so has expired.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by the Magistrate Judge. The Court therefore adopts the Magistrate Judge's R&R. Accordingly,
IT IS ORDERED that Plaintiff's motion to remand is DENIED;
IT IS FURTHER ORDERED that Defendant's motion for summary judgment is GRANTED.
PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to: Kelie C. Schneider, Esq.
Thomas J. Bertino, Esq.
Linda Januszyk, Esq.
Meghan O'Callaghan, Esq.
Theresa M. Urbanic, Esq.