Manning v. Social Security, Commissioner of

Filing 15

ORDER Adopting Magistrate Judge's 14 Report and Recommendation for 11 Motion for Summary Judgment filed by Larry Manning and 12 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge Gerald E. Rosen. (Monda, H)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LARRY MANNING, Plaintiff, Case No. 12-14950 Hon. Gerald E. Rosen Magistrate Judge Mark A. Randon v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on March 10, 2014 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court On January 29, 2014, Magistrate Judge Mark A. Randon issued a Report and Recommendation (“R & R”) recommending that the Court grant Plaintiff Larry Manning’s motion for summary judgment, deny the Defendant Commissioner of Social Security’s motion for summary judgment, and remand this matter to the Defendant Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections have been filed to the R & R. Upon reviewing the R & R, the parties’ underlying cross-motions for summary judgment, and the record as a whole, the Court concurs in the analysis of the Magistrate Judge, and adopts the R & R in its entirety. Accordingly, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s January 29, 2014 Report and Recommendation (docket #14) is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R & R, that Plaintiff’s March 14, 2013 motion for summary judgment (docket #11) is GRANTED, and that Defendant’s April 24, 2013 motion for summary judgment (docket #12) is DENIED. In accordance with these rulings, this case will be remanded to the Defendant Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge’s R & R. s/Gerald E. Rosen Chief Judge, United States District Court Dated: March 10, 2014 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 10, 2014, by electronic and/or ordinary mail. s/Julie Owens Case Manager, (313) 234-5135 2

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