Snell v. Commissioner of Social Security

Filing 16

ORDER Adopting Report and Recommendation 15 denying deft's motion for summary judgment 14 granting pltf's motion for summary judgment 1 and Remanded case to the Commissioner. Signed by District Judge Nancy G. Edmunds. (CBet)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TERRY LEE SNELL, JR., Case No. 15-11063 Plaintiff, Honorable Nancy G. Edmunds v. COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [15], DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [14], GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [13], AND REMANDING CASE TO COMMISSIONER OF SOCIAL SECURITY This matter comes before the Court on the Magistrate Judge’s Report and Recommendation. (Dkt. 15.) The Magistrate Judge recommends denying Defendant’s motion for summary judgment (Dkt. 14), granting Plaintiff’s motion for summary judgment (Dkt. 13), and remanding the case to the Commissioner under sentence four of 42 U.S.C. § 405(g). Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140 (1985)). Nevertheless, the Court agrees with the Magistrate Judge’s recommendation. Being fully advised in the premises, having read the pleadings, and for the reasons set forth above, the Court ACCEPTS and ADOPTS the Magistrate Judge’s report and recommendation, and therefore GRANTS Plaintiff’s motion for summary judgment, DENIES Defendant’s motion for summary judgment, and REMANDS the case to the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). SO ORDERED. S/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: March 22, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 22, 2016, by electronic and/or ordinary mail. S/Carol J. Bethel Case Manager 2

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