Miller v. Social Security, Commissioner of

Filing 20

ORDER Adopting 19 Report and Recommendation, Granting in Part Plaintiff's 16 Motion for Summary Judgment, Denying Defendant's 17 Motion for Summary Judgment, and Remanding for Further Administrative Proceedings. Signed by District Judge David M. Lawson. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MONICA MELISSA MILLER,
Plaintiff,
Civil Case No: 15-11345
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_______________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT, AND REMANDING FOR FURTHER
ADMINISTRATIVE PROCEEDINGS
Presently before the Court is the report issued on April 21, 2016 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part the
plaintiff’s motion for summary judgment, deny the defendant’s motion for summary judgment, and
remand the case for further proceedings. Although the magistrate judge’s report explicitly stated that
the parties to this action may object to and seek review of the recommendation within fourteen days
of service of the report, no objections have been filed thus far. The parties’ failure to file objections
to the report and recommendation waives any further right to appeal. 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 report releases the Court from its duty to independently review the matter.
Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and
conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#19] is ADOPTED.

It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #16] is
GRANTED IN PART.
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #17] is
DENIED.
It is further ORDERED that the matter is REMANDED to the Commission for further
administrative proceedings.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: May 9, 2016
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on May 9, 2016.
s/Holly Monda
HOLLY MONDA

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