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VAUGHN v. COMMISSIONER OF SOCIAL SECURITY, 14-cv-12496. (2015)

Court: District Court, E.D. Michigan Number: infdco20150908a89 Visitors: 2
Filed: Sep. 04, 2015
Latest Update: Sep. 04, 2015
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #15), (2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #13), (3) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #14), AND (4) REMANDING PLAINTIFF'S CLAIM FOR BENEFITS FOR FURTHER PROCEEDINGS MATTHEW F. LEITMAN , District Judge . On August 17, 2015, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation ("R&R") recommending that the Court grant Plaintiff Nancy Carolyn Vaughn's Motion for Summary Judgment (ECF #
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ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #15), (2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #13), (3) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #14), AND (4) REMANDING PLAINTIFF'S CLAIM FOR BENEFITS FOR FURTHER PROCEEDINGS

On August 17, 2015, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation ("R&R") recommending that the Court grant Plaintiff Nancy Carolyn Vaughn's Motion for Summary Judgment (ECF #13) and deny the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #14). (See ECF #13.) The Magistrate Judge further recommended that Plaintiff's claim for disability insurance benefits be remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). (See id. at 1-3, Pg. ID 576-578.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See id. at 27-28, Pg. ID 602-603.)

Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); 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 R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August 17, 2015, Report and Recommendation (ECF #15) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that (1) Plaintiff's Motion for Summary Judgment (ECF #13) is GRANTED, (2) Defendant's Motion for Summary Judgment (ECF #14) is DENIED, and (3)Plaintiff's claim for benefits is REMANDED for further proceedings consistent with this Order and the Report and Recommendation.

Source:  Leagle

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