Snell v. Social Security, Commissioner of

Filing 18

ORDER Accepting in Part and Rejecting in Part 12 The Magistrate Judge's Report and Recommendation and Denying 9 Defendant's Motion to Dismiss. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM SNELL,
Plaintiff,
v.

Case No. 14-13661
Hon. Denise Page Hood

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER ACCEPTING IN PART AND REJECTING IN PART
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND
DENYING DEFENDANT’S MOTION TO DISMISS
This matter is before the Court on Magistrate Judge R. Steven Whalen’s
Report and Recommendation denying the Defendant Commissioner of Social
Security’s Motion to Dismiss. [Doc. No. 12, filed March 25, 2015] To date, no
Objections have been filed to the R&R and the time to file such has passed.
The Commissioner seeks to dismiss the action based on Plaintiff William
Snell’s failure to submit a Motion for Summary Judgment as ordered by the
Magistrate Judge. The Magistrate Judge recommended denial of the motion, but
that Plaintiff be sanctioned $500.00 for failure to comply with the Magistrate
Judge’s scheduling order. On the same date as the Report and Recommendation,

the Magistrate Judge granted Plaintiff’s Motion for Extension of Time to File a
Motion for Summary Judgment. Both parties have now submitted their briefs.
The Court has had an opportunity to review this matter and finds that the
Magistrate Judge reached the correct conclusion that this action should not be
dismissed. As to the Magistrate Judge’s recommendation on sanctions, it is noted
that this case, along with other cases where the same plaintiff’s counsel was the
attorney of record, was brought before a three-judge panel reviewing certain
matters. The panel has now returned the cases back to the assigned judges. At this
time, the Court declines to issue sanctions against Plaintiff’s counsel in this case.
Accordingly,
IT IS ORDERED that the Report and Recommendation of Magistrate Judge
r. Steven Whalen [Doc. No. 12] is ACCEPTED as to the recommendation to deny
Defendant Commissioner of Social Security’s Motion to Dismiss and REJECTED
as to the recommendation to issue sanctions against Plaintiff’s Counsel.
IT IS FURTHER ORDERED that Defendant Commissioner of Social
Security’s Motion to Dismiss [Doc. No. 9] is DENIED.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: December 9, 2015
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I hereby certify that a copy of the foregoing document was served upon counsel of
record on December 9, 2015, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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