Smith v. Colvin

Filing 33

ORDER Adopting Report and Recommendation 30 ; granting in part pltf's motion for summary judgment or remand 22 and denying deft's motion for summary judgment 26 . Case is remanded to the commissioner under sentence 4 of 42 USC 405(g) for further administrative proceedings. Signed by District Judge Nancy G. Edmunds. (CBet)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHELSIE R. SMITH, Case No. 16-10492 Plaintiff, Honorable Nancy G. Edmunds v. COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S JANUARY 31, 2017 REPORT AND RECOMMENDATION [30] In a report and recommendation ("R & R") issued on January 31, 2017, Magistrate Judge David R. Grand recommends that the Court grant in part Plaintiff Chelsie R. Smith's motion for summary judgment or remand, deny the Defendant Commissioner of Social Security's motion for summary judgment, and remand this matter for further administrative proceedings. Neither party has filed objections to the R & R, and the deadline for doing so has passed. “[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, No. 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citation omitted). Nonetheless, having reviewed the R & R, the parties' underlying motions, and the administrative record, the Court concurs in the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the Magistrate Judge’s R & R. Accordingly, it is hereby ordered, for the reasons stated in the R & R, that Plaintiff's June 27, 2016 motion for summary judgment or remand [22] is GRANTED IN PART, that Defendant's September 28, 2016 motion for summary judgment [26] is DENIED, and that this matter is remanded to the Defendant Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: February 28, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on February 28, 2017, by electronic and/or ordinary mail. s/Carol J. Bethel Case Manager 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?