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TURNER v. COMMISSIONER OF SOCIAL SECURITY, 14-13213. (2015)

Court: District Court, E.D. Michigan Number: infdco20150826c17 Visitors: 5
Filed: Aug. 25, 2015
Latest Update: Aug. 25, 2015
Summary: ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION SEAN F. COX , District Judge . This is a social security appeal. On August 19, 2014, Plaintiff Jeffrey D. Turner, acting pro se, filed his Complaint against the Commissioner of Social Security, appealing an Administrative Law Judge's denial of his application for disability insurance benefits. (Doc. #1). On April 15, 2015, Defendant filed a Motion to Dismiss. (Doc. #11). Defendant argues that Plaintiff's Complaint should be dismissed
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ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION

This is a social security appeal. On August 19, 2014, Plaintiff Jeffrey D. Turner, acting pro se, filed his Complaint against the Commissioner of Social Security, appealing an Administrative Law Judge's denial of his application for disability insurance benefits. (Doc. #1).

On April 15, 2015, Defendant filed a Motion to Dismiss. (Doc. #11). Defendant argues that Plaintiff's Complaint should be dismissed because it was filed beyond the deadline set forth in 42 U.S.C. § 405(g). Plaintiff did not file a response to Defendant's motion. The motion was referred to Magistrate Judge David R. Grand for issuance of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). (Doc. #4).

On July 30, 2015, Magistrate Judge Grand issued a Report and Recommendation ("R&R") wherein he recommended that this Court GRANT Defendant's Motion to Dismiss. (R&R, Doc. #15).

Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R. Fed. R. Civ. P. 72(b)(2). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3).

Neither party has filed objections to the R&R and the time for doing so has passed. Furthermore, the Court agrees with the Magistrate Judge's recommendation. Therefore, the Court hereby ADOPTS the July 30, 2015 R&R. IT IS ORDERED that Defendant's Motion to Dismiss (Doc. #11) is GRANTED.

IT IS SO ORDERED.

Source:  Leagle

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