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MacDonald v. Commissioner of Social Security

United States District Court, Eastern District of Michigan, Southern Division

January 27, 2015

CHERLYNN MacDONALD, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (DOC. #8) GRANTING DEFENDANT’S MOTION TO DISMISS (DOC. #5) AND DISMISSING ACTION

GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

Before the court is defendant’s motion to dismiss the complaint, which was referred to the magistrate judge for a report and recommendation. On January 6, 2015, Magistrate Judge Steven Whalen issued his report, recommending that the court grant defendant’s motion to dismiss, because plaintiff’s complaint was filed almost six months past the limitations period for appealing the denial of benefits by defendant.

The magistrate judge specifically stated that any objections to his report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party.

The court has reviewed the record and briefing in this matter, as well as the magistrate judge’s report and recommendation. Finding that report and recommendation to be well-reasoned, the court hereby adopts the result recommended therein.

Accordingly, defendant’s motion to dismiss (Doc. #5) is GRANTED. This case is DISMISSED.

IT IS SO ORDERED.


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