Gonzales v. Social Security, Commissioner of

Filing 16

ORDER Adopting Report and Recommendation Granting 14 Motion to Remand filed by Social Security, Commissioner of re 15 Report and Recommendation Signed by District Judge Sean F. Cox. (JHer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Daniel Richard Gonzales,
Plaintiff,
v.

Case No. 10-11992
Honorable Sean F. Cox

Commissioners of Social Security,
Defendant.
______________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
Plaintiff brought this action seeking judicial review of the Commissioner’s decision
denying his applications for benefits. Thereafter, the matter was referred to Magistrate Judge
Mona K. Majzoub for determination of all non-dispositive motions pursuant to 28 U.S.C. §
636(b0(1) and Report and Recommendation pursuant to § 636(b)(1)(B) and (C).
On December 6, 2010, the Commissioner filed a motion seeking a remand for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff did not oppose the
motion.
In a Report and Recommendation (“R&R”) issued on May 19, 2011, Magistrate Judge
Majzoub recommended that this Court grant the unopposed motion and enter judgment pursuant
to sentence four of 42 U.S.C. § 405(g) reversing the ALJ’s decision and remanding the matter for
further proceedings.

1

Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R.
The Court hereby ADOPTS the May 19, 2011 R&R. IT IS ORDERED that the
Commissioner’s Motion to Remand is GRANTED and the Court shall enter judgment pursuant
to sentence four of 42 U.S.C. § 405(g) reversing the ALJ’s decision and REMANDING for
further proceedings as set forth in the May 19, 2011 R&R.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: June 9, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record on
June 9, 2011, by electronic and/or ordinary mail.
S/Jennifer Hernandez
Case Manager

2