Allen v. Social Security, Commissioner of

District Court, E.D. Michigan

Allen v. Social Security, Commissioner of

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

TRIDINA DENISE ALLEN, o/b/o 2:20-CV-13435-TGB-PTM B.S.A., a minor

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 24) vs.

SOCIAL SECURITY COMMISSIONER,

Defendant. This matter is before the Court on Magistrate Judge Patricia T. Morris’ February 8, 2022 Report and Recommendation (ECF No. 24), recommending that the case be dismissed with prejudice for Plaintiff’s failure to prosecute under Fed. R. Civ. P. 41(b). The Court has reviewed the Magistrate Judge's Report and Recommendation and finds that it is well-reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendation.

28 U.S.C. § 636

(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.”

Id.

Where, as here, neither party objects

to the report, the district court is not obligated to independently review the record. See Thomas v. Arn,

474 U.S. 140, 149-52

(1985). The Court will, therefore, accept the Magistrate Judge's Report and Recommendation of February 8, 2022, as this Court's findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Morris’ Report and Recommendation of February 8, 2022 (ECF No. 24) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that the

case is DISMISSED WITH PREJUDICE. SO ORDERED this 28th day of February, 2022.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge

Reference

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