Kollman v. Social Security, Commissioner of, No. 2:2008cv13023 - Document 13 (E.D. Mich. 2009)

Court Description: OPINION AND ORDER denying 8 Motion for Summary Judgment; granting 10 Motion for Summary Judgment. Signed by District Judge Patrick J Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DENISE KOLLMAN, Plaintiff, v. Case No. 08-13023 Honorable Patrick J. Duggan COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on August 11, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE On July 14, 2008, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff s application for Supplemental Security Income. On December 1, 2008, Plaintiff filed a motion for summary judgment. On February 2, 2009, Defendant filed a motion for summary judgment. This Court referred both motions to Magistrate Judge R. Steven Whalen. On July 16, 2009, Magistrate Judge Whalen filed his 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 Whalen advises the parties that they may object and seek review of the R&R within ten days of service upon them. (R&R at 22-23.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right to appeal. (Id. at 23, citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); Howard v. Sec y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); 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 Whalen. 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. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Mikel E. Lupisella, Esq. AUSA Steven Cares Magistrate Judge R. Steven Whalen 2

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