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Byington v. Commissioner of Social Security, 15-cv-10016. (2016)

Court: District Court, E.D. Michigan Number: infdco20160505b46
Filed: May 04, 2016
Latest Update: May 04, 2016
Summary: ORDER ADOPTING MAGISTRATE JUDGE DAVIS'S REPORT AND RECOMMENDATION [25] ON THE CROSS-MOTIONS FOR SUMMARY JUDGMENT [20, 23] JUDITH E. LEVY , District Judge . This is a Social Security appeal. Before the Court is Magistrate Judge Davis's Report and Recommendation (Dkt. 25) recommending the Court grant plaintiff's motion for summary judgment (Dkt. 20) and deny defendant's motion for summary judgment (Dkt. 23), issued March 2, 2016. The parties were required to file specific written objections
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ORDER ADOPTING MAGISTRATE JUDGE DAVIS'S REPORT AND RECOMMENDATION [25] ON THE CROSS-MOTIONS FOR SUMMARY JUDGMENT [20, 23]

This is a Social Security appeal. Before the Court is Magistrate Judge Davis's Report and Recommendation (Dkt. 25) recommending the Court grant plaintiff's motion for summary judgment (Dkt. 20) and deny defendant's motion for summary judgment (Dkt. 23), issued March 2, 2016. The parties were required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. Accordingly, and on review of the Report and Recommendation,

The Report and Recommendation (Dkt. 25) is ADOPTED;

Plaintiff's motion for summary judgment (Dkt. 20) is GRANTED;

Defendant's motion for summary judgment (Dkt. 23) is DENIED; and

The findings of the Commissioner are REVERSED AND REMANDED for proceedings consistent with the Report and Recommendation.1

IT IS SO ORDERED.

FootNotes


1. The parties, by failing to object to the Report and Recommendation, have waived any further right of appeal. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Source:  Leagle

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