McDowell v. Social Security, Commissioner of

Filing 14

ORDER adopting Report and Recommendation 13 , granting in part plaintiff's Motion for Summary Judgment 9 , denying defendant's Motion for Summary Judgment 12 , and Remanding Action. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DJENABA MCDOWELL,
Plaintiff,
Case No. 12-CV-15175
HON. GEORGE CARAM STEEH

vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (DOC. #13), GRANTING IN PART PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT (DOC. # 9), DENYING DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT (DOC. # 12), AND REMANDING ACTION
Before the court are the parties’ cross-motions for summary judgment, which were
referred to the magistrate judge for a report and recommendation. On December 9, 2013,
Magistrate Judge Mona Mazoub issued her report, recommending that the court grant in
part and deny in part the plaintiff’s motion for summary judgment, deny the defendant’s
motion for summary judgment, and remand the matter for further administrative
proceedings.
The magistrate judge specifically stated that any objections to her report were to be
filed within 14 days of service, and that failure to file such objections constituted a waiver
of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such
objections were filed by either party.
The court has reviewed the record and briefing in this matter, as well as the
magistrate judge’s report and recommendation. Finding that report and recommendation
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to be well-reasoned, the court hereby adopts the result recommended therein.
Accordingly, plaintiff’s motion for summary judgment is hereby GRANTED IN PART, to the
extent it seeks remand, and DENIED IN PART to the extent it seeks outright reversal and
an award of benefits. Defendant’s motion for summary judgment is DENIED, and this
cause of action is REMANDED to the Commissioner of Social Security for further
consideration as stated in the report and recommendation.
IT IS SO ORDERED.
Dated: February 4, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
February 4, 2014, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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