IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
August 30, 2010
GARY E. SCHWARTZ, PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
On December 8, 2009, Plaintiff Gary E. Schwartz filed suit against Defendant Michael J. Astrue, Commissioner of Social Security, seeking judicial review of the Commissioner's decision to deny benefits to Plaintiff (Doc. 2). Specifically, Plaintiff seeks judicial review pursuant to 42 U.S.C. § 405(g) of the Commissioner's decision to deny Plaintiff disability insurance benefits. On March 29, 2010 Defendant filed a Motion to Dismiss (Doc. 13), arguing that Plaintiff's Complaint was untimely because Plaintiff's IFP motion was improperly filed and was stricken by the Court, thus being insufficient to commence the action. This matter comes before the Court on a Report and Recommendation ("the Report") issued by Magistrate Judge Donald G. Wilkerson pursuant to 28 U.S.C. § 636(b)(1)(B) (Doc. 16). Magistrate Judge Wilkerson's Report recommends that Defendant's Motion to Dismiss be DENIED.
Under Rule 73.1(b) of the Local Rules of the Southern District of Illinois, the parties had fourteen (14) days in which to file objections to the Report. As of this date, neither party has filed objections. The fourteen day period in which parties may file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, the Court ADOPTS Judge Wilkerson's Report (Doc. 16). Defendant's Motion to Dismiss (Doc. 13) is DENIED. The Court further notes that Defendant has already filed its Answer in accordance with the Report's recommendation.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
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