Summary
In Owens, the Magistrate Judge explained, the Court rejected a challenge based on an omission of specific DOT codes on the grounds that the plaintiff's counsel had the opportunity to raise the issue at the administrative hearing and did not do so.
Summary of this case from Baty v. Comm'r of Soc. Sec.Opinion
Case No. 2:14-cv-10830
03-12-2015
Magistrate Judge David R. Grand
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [13], DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [10], AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [12]
Before the Court is Magistrate Judge David R. Grand's Report and Recommendation. (Dkt. 13.) At the conclusion of his Report and Recommendation, Magistrate Judge Grand notified the parties that they were required to file any objections within fourteen days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Eastern District of Michigan Local Rule 72.1(d), and that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." (Report & Recommendation at 17.) No objections were filed.
The Court thus ADOPTS the Report and Recommendation as the findings of this Court. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Garrison v. Equifax Info. Servs., LLC, No. 10-cv-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr. 16, 2012) ("The Court is not obligated to review the portions of the report to which no objection was made." (citing Arn, 474 U.S. at 149-52)). It follows that the Court DENIES Plaintiff's Motion for Summary Judgment (Dkt. 10) and GRANTS Defendant's Motion for Summary Judgment (Dkt. 12). A separate judgment follow.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: March 12, 2015
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the attorneys and/or parties of record by electronic means or U.S. Mail on March 12, 2015.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson