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MADISON v. COMMISSIONER OF SOCIAL SECURITY, 12-12189. (2013)

Court: District Court, E.D. Michigan Number: infdco20130531d53 Visitors: 5
Filed: May 28, 2013
Latest Update: May 28, 2013
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMEND, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING CASE TO COMMISSIONER FOR FURTHER PROCEEDINGS DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on May 7, 2013 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. 636(b), recommending that this Court grant the plaintiff's motion for summary judgment, deny the defendant's motion for sum
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMEND, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING CASE TO COMMISSIONER FOR FURTHER PROCEEDINGS

DAVID M. LAWSON, District Judge.

Presently before the Court is the report issued on May 7, 2013 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the case to the Commissioner under sentence four of 42 U.S.C. § 405(g) to fully develop the record and for further proceedings. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n 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 matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #15] is ADOPTED.

It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #10] is GRANTED.

It is further ORDERED that the defendant's motion for summary judgment [dkt. #13] is DENIED.

It is further ORDERED that the case is REMANDED to the Commissioner for further proceedings and to develop the record pursuant to 42 U.S.C. § 405(g).

Source:  Leagle

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