MCMURRAY v. Social Security, Commissioner of

Filing 23

ORDER for Supplemental Briefing due by 2/28/2014. Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TODD MCMURRAY, Plaintiff, v. Case No. 13-10496 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. / ORDER FOR SUPPLEMENTAL BRIEFING In this review of the Magistrate Judge’s Report and Recommendation (“R&R”), Plaintiff presents two objections, both alleging that the Magistrate Judge “engaged in impermissible post-hoc analysis.” Although the court has not yet delved deeply into the substance of his objections, Plaintiff cites apparently relevant authority in support of his argument. The R&R explains that in the event of objections to the Report, “the non-objecting party must file a response . . . specifically addressing each issue raised . . . .” (See Pg ID # 610.) But Defendant’s response states only that she “incorporates by reference . . . the arguments raised in her Motion for Summary Judgment.” (See Pg ID # 619.) The court wonders where in her Motion for Summary Judgment, which preceded the R&R, there might be an argument addressing the claim that the Magistrate Judge would subsequently engage in impermissible post-hoc analysis. More than boilerplate is required here, perhaps not much more, but at least an effort. Accordingly, IT IS ORDERED that Defendant shall file a response that addresses Plaintiff’s Objections not later than February 28, 2014. In the absence of a relevant response, the court may deem Plaintiff’s Objections conceded, and a remand under Sentence Four, as sought by Plaintiff, may result. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: February 19, 2014 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, February 19, 2014, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\Cleland\JUDGE'S DESK\C2 ORDERS\13-10496.MCMURRAY.Order.for.Supplemental.Briefing.jac2.wpd 2

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