Filed: Mar. 28, 2012
Latest Update: Mar. 28, 2012
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER THOMAS L. LUDINGTON, District Judge. United States Magistrate Judge Charles Binder issued a report and recommendation (ECF No. 18) on March 12, 2012, recommending that the Court deny Plaintiff's motion for summary judgment (ECF No. 12), grant Defendant's motion for summary judgment (ECF No. 15), and that the
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER THOMAS L. LUDINGTON, District Judge. United States Magistrate Judge Charles Binder issued a report and recommendation (ECF No. 18) on March 12, 2012, recommending that the Court deny Plaintiff's motion for summary judgment (ECF No. 12), grant Defendant's motion for summary judgment (ECF No. 15), and that the ..
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ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER
THOMAS L. LUDINGTON, District Judge.
United States Magistrate Judge Charles Binder issued a report and recommendation (ECF No. 18) on March 12, 2012, recommending that the Court deny Plaintiff's motion for summary judgment (ECF No. 12), grant Defendant's motion for summary judgment (ECF No. 15), and that the findings of the Commissioner be affirmed. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). Plaintiff filed a motion for an extension of time to file objections, which was granted in part and extending the deadline to file objections by one day. ECF Nos. 19, 20. The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. As of today's date, no objections have been filed. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 18) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 12) is DENIED.
It is further ORDERED that the Defendant's motion for summary judgment (ECF No. 15) is GRANTED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.