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Villani v. Commissioner of Social Security

March 25, 2010

RICHARD PAUL VILLANI, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Avern Cohn United States District Judge

HONORABLE AVERN COHN

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE

This is a social security case. On June 26, 2009, plaintiff Richard Paul Villani filed this action challenging the final determination of the Commissioner of Social Security (Commissioner) that he is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. To date, plaintiff has not served the Commissioner. On March 5, 2010, the magistrate judge issued a report and recommendation (MJRR) recommending that the complaint be dismissed for failure to prosecute under E.D. Mich. LR 41.2, failure to serve the summons and complaint in accordance with Fed. R. Civ. P. 4, and for failure to respond to the magistrate judge's show cause order.

Plaintiff has not filed objections to the MJRR and the time for filing objections has passed. A failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motions. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees with the magistrate judge.

Accordingly, the MJRR is ADOPTED as the findings and conclusions of the Court. This case is DISMISSED for the reasons stated in the MJRR.

SO ORDERED.

20100325

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