St James v. Social Security, Commissioner of

Filing 20

ORDER Adopting Magistrate Judge's 19 Report and Recommendation. Signed by District Judge Gerald E. Rosen. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAWN MARIE ST. JAMES, Plaintiff, Case No. 13-10574 Hon. Gerald E. Rosen Magistrate Judge Michael Hluchaniuk 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 31, 2014 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court On February 4, 2014, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation (“R & R”) recommending that the Court grant in part and deny in part Plaintiff Dawn Marie St. James’s motion for summary judgment, grant in part and deny in part 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 February 4, 2014 Report and Recommendation (docket #19) is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R & R, that Plaintiff’s July 9, 2013 motion for summary judgment (docket #12) is GRANTED IN PART and DENIED IN PART, and that Defendant’s November 12, 2013 motion for summary judgment (docket #17) also is GRANTED IN PART and DENIED IN PART. 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 31, 2014 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 31, 2014, by electronic and/or ordinary mail. s/Julie Owens Case Manager, (313) 234-5135 2

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