SMITH v. COMMISSIONER OF SOCIAL SECURITY, 13-CV-15194-DT. (2015)
Court: District Court, E.D. Michigan
Number: infdco20150224c13
Visitors: 11
Filed: Feb. 22, 2015
Latest Update: Feb. 22, 2015
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT H. CLELAND, District Judge. The case was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on January 6, 2015 recommending that this court grant Plaintiff's Motion for Summary Judgment, deny Defendant's Motion for Summary Judgment and that pursuant to sentence four of 42 U.S.C. 405(g), the findings of the Commissioner
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT H. CLELAND, District Judge. The case was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on January 6, 2015 recommending that this court grant Plaintiff's Motion for Summary Judgment, deny Defendant's Motion for Summary Judgment and that pursuant to sentence four of 42 U.S.C. 405(g), the findings of the Commissioner b..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROBERT H. CLELAND, District Judge.
The case was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on January 6, 2015 recommending that this court grant Plaintiff's Motion for Summary Judgment, deny Defendant's Motion for Summary Judgment and that pursuant to sentence four of 42 U.S.C. § 405(g), the findings of the Commissioner be reversed and the case be remanded for further proceedings. No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C); thus further appeal rights are waived.1
Having reviewed the file and the report, the court determines that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this order. Therefore,
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Plaintiff's Motion for Summary Judgment is GRANTED, the Defendant's Motion for Summary Judgment is DENIED, the findings of the Commissioner is REVERSED and the case is REMANDED for further proceedings pursuant to Sentence four of 42 U.S.C. § 405(6).
FootNotes
1. The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. See Thomas v. Arn, 474 U.S. 140,149 (1985).
Source: Leagle
