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Patterson v. Commissioner of Social Security

March 1, 2010

DENNIS JAMES PATTERSON PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT,



The opinion of the court was delivered by: Honorable Paul L. Maloney

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Patterson filed a pro se complaint seeking judicial review of the decision of the Commissioner of Social Security denying his claims for benefits. The matter was automatically referred to the magistrate judge pursuant to 28 U.S.C. § 636 and W.D. MICH. LCIVR 72.2(b). The magistrate judge has issued a report recommending the Commissioner's decision be affirmed.

"Both the Federal Rules of Civil Procedure and the Federal Magistrates Act were amended effective December 1, 2009 to simplify the calculation of time periods." Esch v. SSA, No. 1:2009-cv-144, 2010 WL ____, *__ (W.D. Mich. Jan. 26, 2010) (Maloney, C.J.) (citing PUB. L. NO. 111-16 § 6(1), 123 Stat. 1608). A party now has fourteen days to file objections after being served with an R&R, instead of ten. See Esch, 2010 WL____ at *__(citing 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72 and W.D. MICH. LCIVR 72.3(b)). The fourteen days start the day after a party is served, see FED. R. CIV. P. 6(a)(1)(A) (when calculating a time period, the period does not begin until the day after the event that triggers the right or obligation) and Southall v. City of Grand Rapids, 2008 WL 4739163, *1 (W.D. Mich. Oct. 29, 2008) (citing FED. R. CIV. P. 6(a)), and the court counts all calendar days, including weekends and federal holidays, see FED. R. CIV. P. 6(a)(1)(B).

The R&R was mailed to the plaintiff the day after it was issued by the magistrate judge. Counsel for defendant was electronically served with the R&R when the R&R was filed. The deadline to file objections has passed and the court need not wait further for an objection.

Although the failure to file objections is a sufficient reason to adopt the Report and Recommendation, this Court has reviewed the merits of the report and finds the magistrate judge's reasoning and conclusions sound.

Accordingly, IT IS HEREBY ORDERED:

1. The R&R (Dkt. No.13) is ADOPTED.

2. The Commissioner's denial of disability insurance benefits (DIB) and supplemental security income (SSI) benefits is AFFIRMED.

3. The complaint is DISMISSED. This case is TERMINATED and CLOSED.

This order is final, but it is not appealable. See Harris v. Detroit Pub. Schs., 245 F. App'x 437, 442 n.6 (6th Cir. 2007) ("[A] party's failure to object to the recommendations of a magistrate judge constitutes a waiver of the right to appeal.") (citing US v. Walters, 638 F.3d 947, 949-50 (6th Cir. 1981)); Frontier Ins. Co. v. Blaty, 454 F.3d 590, 596 (6th Cir. 2006) ("Frontier did not file an objection to the default entry within ten days of the [R&R]. * * * Frontier's silence constitutes a waiver of the right to appeal . . . ."); Catanzaro v. MDOC , 2010 WL 233862, *9 (W.D. Mich. Jan. 14, 2010) (Quist, J.); Vick v. Metrish, 2010 WL 310467, *2 (W.D. Mich. Jan. 21, 2010) (Bell, J.).

Paul L. Maloney Chief United States District Judge

20100301

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