Gardner v. Social Security, Commissioner of, No. 2:2011cv11380 - Document 15 (E.D. Mich. 2011)
Court Description: OPINION AND ORDER granting 10 Motion to Dismiss; adopting 14 Report and Recommendation on 10 Motion to Dismiss, 14 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 DAMON MYRON GARDNER, Plaintiff, Case No. 11-11380 v. 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 November 15, 2011. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE On April 1, 2011, Damon Gardner ( Plaintiff ) filed this pro se action, challenging a final decision of Defendant Commissioner of Social Security ( the Commissioner ) denying Plaintiff s application for Disability Insurance Benefits. The Commissioner filed a motion to dismiss, arguing that the 60-day limitations period set forth in 42 U.S.C. ยง 405(g) bars Plaintiff s claim. The Court referred the motion to Magistrate Judge Charles E. Binder. On September 8, 2011, Magistrate Judge Binder filed a Report and Recommendation ( R&R ) in which he recommends that this Court grant the Commissioner s motion. 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 fourteen days of service upon them. R&R 5. He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right of appeal. Id. (citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); Frontier Ins. Co. v. Blaty, 454 F.3d 590, 596 (6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005)). Neither party has filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Binder. Accordingly, IT IS ORDERED that the Commissioner s motion to dismiss is GRANTED. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Laura A. Sagolla, A.U.S.A. Damon Myron Gardner 252 Monterey St. Highland Park, MI 48203 2
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