Opinion
Case Number 11-10085
03-28-2012
KRISTA WEAVER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE
COMMISSIONER
United States Magistrate Judge Charles Binder issued a report and recommendation (ECF No. 18) on March 12, 2012, recommending that the Court deny Plaintiff's motion for summary judgment (ECF No. 12), grant Defendant's motion for summary judgment (ECF No. 15), and that the findings of the Commissioner be affirmed. 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). Plaintiff filed a motion for an extension of time to file objections, which was granted in part and extending the deadline to file objections by one day. ECF Nos. 19, 20. The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. As of today's date, no objections have been filed. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 18) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 12) is DENIED.
It is further ORDERED that the Defendant's motion for summary judgment (ECF No. 15) is GRANTED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
______________________
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 28, 2012.
TRACY A. JACOBS