AVERY v. Social Security, Commissioner of, No. 2:2011cv14937 - Document 16 (E.D. Mich. 2012)

Court Description: OPINION AND ORDER denying 9 Motion for Summary Judgment; granting 10 Motion for Summary Judgment; adopting 13 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL L. AVERY, Plaintiff, v. Case No. 11-14937 Honorable Patrick J. Duggan COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER On November 9, 2011, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff s application for social security benefits. On the same date, this Court referred the lawsuit to Magistrate Judge Mark A. Randon for all pretrial matters proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation ( R&R ) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 3.) The parties subsequently filed cross-motions for summary judgment. On August 22, 2012, Magistrate Judge Randon issued his R&R recommending that this Court grant Defendant s motion and deny Plaintiff s motion. (ECF No. 13.) In his R&R, Magistrate Judge Randon concludes that there was substantial evidence in the record to support the Administrate Law Judge s determination that Plaintiff is not disabled. At the conclusion of the R&R, Magistrate Judge Randon advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at 19.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right to appeal. (Id.) Although Plaintiff s counsel requested and was granted an extension of time to file objections until September 12, 2012, neither Plaintiff nor Defendant filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Randon. The Court therefore adopts Magistrate Judge Randon s August 22, 2012 Report and Recommendation. 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. Dated: October 11, 2012 s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Jessica J. Brissette, Esq. AUSA Theresa M. Urbanic Magistrate Judge Mark A. Randon 2

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