TOUSSAINT v. COMMISSIONER OF SOCIAL SECURITY, 10-CV-14827-DT. (2012)
Court: District Court, E.D. Michigan
Number: infdco20120224b40
Visitors: 17
Filed: Feb. 23, 2012
Latest Update: Feb. 23, 2012
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT H. CLELAND, District Judge. This matter is before the court on the parties' cross motions for summary judgment. The case was referred to United States Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on February 1, 2012 recommending that this court deny defendant's motion for summary judgment, grant plaintiff's motion for summary judgment and r
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROBERT H. CLELAND, District Judge. This matter is before the court on the parties' cross motions for summary judgment. The case was referred to United States Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on February 1, 2012 recommending that this court deny defendant's motion for summary judgment, grant plaintiff's motion for summary judgment and re..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROBERT H. CLELAND, District Judge.
This matter is before the court on the parties' cross motions for summary judgment. The case was referred to United States Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on February 1, 2012 recommending that this court deny defendant's motion for summary judgment, grant plaintiff's motion for summary judgment and remand the case to the Commissioner 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.
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the defendant's motion for summary judgment is DENIED, plaintiff's motion for summary judgment is GRANTED and this matter is REMANDED for further proceedings consistent with the adopted Report and Recommendation.
IT IS SO ORDERED.
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).
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