MITCHELL v. Social Security, Commissioner of

Filing 23

ORDER granting in part and denying in part 16 Motion for Summary Judgment; granting in part and denying in part 20 Motion for Summary Judgment; adopting 22 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case No. 13-11138 BRIAN J MITCHELL, ARTHUR J. TARNOW SENIOR UNITED STATES DISTRICT JUDGE Plaintiff, v. MAGISTRATE JUDGE MICHAEL J. HLUCHANIUK COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [22] AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [20] AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [16] AND REMANDING FOR FURTHER PROCEEDINGS On January 29, 2014, Magistrate Judge Hluchaniuk issued a Report and Recommendation [22] that Defendant Commissioner of Social Security’s Motion for Summary Judgment [20] be GRANTED in part and DENIED in part and Plaintiff Brian Mitchell’s Motion for Summary Judgment [16] be GRANTED in part and DENIED in part. Neither party has filed any objection to the Report and Recommendation. The Court having reviewed the record, the Report and Recommendation [22] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. IT IS ORDERED that Defendant’s Defendant Commissioner of Social Security’s Motion for Summary Judgment [20] be GRANTED in part and DENIED in part and Plaintiff Brian Mitchell’s Motion for Summary Judgment [16] be GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that this matter is REMANDED for further proceedings in accordance with the Report and Recommendation [22]. SO ORDERED. s/Arthur J. Tarnow ARTHUR J. TARNOW SENIOR U.S. DISTRICT JUDGE Dated: March 4, 2014

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