Myers v. Colvin

Filing 24

ORDER Adopting Report and Recommendation for 23 Report and Recommendation, granting 15 Motion for Summary Judgment filed by Andrea Lorraine Myers, denying 19 Motion for Summary Judgment filed by Carolyn W. Colvin Signed by District Judge Marianne O. Battani. (KDoa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANDREA LORRAINE MYERS, Plaintiff, CASE NO. 2:15-cv-12873 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; DENYING THE COMMISSIONER’S MOTION FOR SUMMARY JUDGMENT; AND REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION Plaintiff Andrea Lorraine Myers has brought this action challenging the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits and Supplemental Security Income 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 September 27, 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. 23). 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 1 objections would waive any further right of appeal. (Id., pp. 21-22). Neither party has filed 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. 23), GRANTS Plaintiff’s Motion for Summary Judgment (Doc. 15), and DENIES the Commissioner’s Motion for Summary Judgment (Doc. 19). The Court therefore REMANDS Plaintiff’s claim to the Commissioner for further administrative proceedings consistent with the R&R. IT IS SO ORDERED. Date: January 19, 2017 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 January 19, 2017. s/ Kay Doaks Case Manager 2

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