Opinion
CASE NO. 12-12909
10-01-2012
JOZEF ZEMAN, Plaintiff, v. MICHAEL ASTRUE, COMMISIONER OF SOCIAL SECURITY, Defendant.
HON. MARIANNE O. BATTANI
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFF'S PETITION PURSUANT TO 28 U.S.C. § 1915
Plaintiff Jozef Zeman brings this petition for an increase in his social security benefits. This case was referred to Magistrate Judge Charles Binder pursuant to 28 U.S.C. § 636(b)(1). In a Report and Recommendation ("R&R") dated August 20, 2012, Magistrate Judge Binder recommended that Plaintiff's request be dismissed sua sponte for lack of jurisdiction pursuant to 28 U.S.C. § 1915(e)(2)(B) because Plaintiff did not exhaust available administrative remedies or allege any constitutional violation.
In his R&R, the Magistrate Judge informed the parties that objections to the R&R must be filed within "14 days after being served with a copy of the recommended disposition" and a "[f]ailure to file specific objections constitutes a waiver of any further rights of appeal." R&R at 7. Neither party filed an objection.
Because no objection has been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's recommendation, and Plaintiff's petition is DISMISSED in its entirety.
IT IS SO ORDERED.
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MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on the above date a copy of this Order was served upon all parties of record via ordinary U.S. Mail and/or the Court's ECF Filing System.
Bernadette M. Thebolt
Case Manager