Bolden v. Colvin

Filing 21

ORDER Adopting Report and Recommendation for 20 Report and Recommendation, denying 17 Motion for Summary Judgment filed by Carolyn W. Colvin, 13 granting Motion for Summary Judgment filed by Erica I Bolden and REMANDING to the Commissioner for further consideration. Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ERICA I. BOLDEN,
Plaintiff,
CASE NO. 2:14-cv-14661
v.
HON. MARIANNE O. BATTANI
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________ __________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION;
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 13);
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 17); AND
REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION
Plaintiff Erica I. Bolden has brought this action challenging the Commissioner of
Social Security’s final decision denying her application for Disability Insurance Benefits
under the Social Security Act. The case was referred to Magistrate Judge R. Steven
Whalen pursuant to 28 U.S.C. § 636(b)(1). Both parties filed dispositive motions, and in
a Report and Recommendation ("R&R") dated February 10, 2016, Magistrate Judge
Whalen recommended that Plaintiff's Motion for Summary Judgment be granted and
that the Commissioner’s Motion for Summary Judgment be denied. (Doc. 20).
In the R&R, the Magistrate Judge informed the parties that objections to the R&R
needed to be filed within fourteen days of service and that a party’s failure to file
objections would waive any further right of appeal. (Id., pp. 26-27). Neither party filed
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objections. Because no objections have been filed in this case, the parties waived their
right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate
Judge’s Report and Recommendation (Doc. 20), GRANTS Plaintiff’s Motion for
Summary Judgment (Doc. 13), and DENIES the Commissioner’s Motion for Summary
Judgment (Doc. 17). The Court therefore REMANDS Plaintiff’s claim to the
Commissioner for further administrative proceedings consistent with the R&R.
IT IS SO ORDERED.
Date: March 31, 2016

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to
their respective email addresses or First Class U.S. mail to the non-ECF participants on March 31, 2016.
s/ Kay Doaks
Case Manager

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