Knight v. Social Security, Commissioner of

Filing 16

ORDER (1) Adopting 15 Report and Recommendation, (2) Granting Plaintiff's 10 Motion for Summary Judgment, (3) Denying Defendant's 13 Motion for Summary Judgment, and (4) Remanding Plaintiff's Claim for Benefits for Further Proceedings. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COLETTE KNIGHT,
Plaintiff,

Case No. 14-cv-14513
Hon. Matthew F. Leitman

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
__________________________________________________________________/
ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #15),
(2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
(ECF #10), (3) DENYING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT (ECF #13), AND (4) REMANDING PLAINTIFF’S CLAIM
FOR BENEFITS FOR FURTHER PROCEEDINGS
On August 17, 2015, Magistrate Judge Mona K. Majzoub issued a Report
and Recommendation (“R&R”) recommending that the Court grant Plaintiff
Colette Knight’s Motion for Summary Judgment (ECF #10) and deny the
Defendant Commissioner of Social Security's Motion for Summary Judgment
(ECF #13). (See ECF #15.) The Magistrate Judge further recommended that
Plaintiff’s claim for disability insurance benefits be remanded to the Commissioner
of Social Security for further proceedings consistent with the R&R. (See id. at 1,
10-11, Pg. ID 354, 363-364.) The R&R stated that the parties could object to and

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seek review of the recommendation within fourteen days. (See id. at 11, Pg. ID
364.)
Neither party has objected to the R&R.

Failure to file objections to the

R&R waives any further right to appeal. See Howard v. Sec'y of Health and
Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers
Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to
the Magistrate Judge’s R&R releases the Court from its duty to independently
review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has
nevertheless reviewed the R&R and agrees with the findings and conclusions of
the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's
September 3, 2015, Report and Recommendation (ECF #15) is ADOPTED as the
Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the
R&R, that (1) Plaintiff's Motion for Summary Judgment (ECF #10) is
GRANTED, (2) Defendant's Motion for Summary Judgment (ECF #13) is
DENIED, and (3) Plaintiff’s claim for benefits is REMANDED for further
proceedings consistent with this Order and the Report and Recommendation.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: October 8, 2015
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on October 8, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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