Biestek v. Social Security, Commissioner of

Filing 22

ORDER Adopting Magistrate Judge's 21 Report and Recommendation Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL J. BIESTEK,
Plaintiff,
Case No. 13-11887
Hon. Gerald E. Rosen
Magistrate Judge Mona K. Majzoub

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
July 31, 2014
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
On May 30, 2014, Magistrate Judge Mona K. Majzoub issued a Report and
Recommendation (“R & R”) recommending that the Court grant in part and deny in part
Plaintiff Michael J. Biestek’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
May 30, 2014 Report and Recommendation (docket #21) is ADOPTED as the opinion of
this Court. IT IS FURTHER ORDERED, for the reasons stated in the R & R, that
Plaintiff’s September 6, 2013 motion for summary judgment (docket #16) is GRANTED
IN PART and DENIED IN PART, and that Defendant’s December 4, 2013 motion for
summary judgment (docket #18) 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: July 31, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on July 31, 2014, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]

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