Webb v. Social Security

Filing 21

ORDER Adopting 20 Report and Recommendation, GRANTING 15 Motion for Summary Judgment filed by Danielle Webb, DENYING 18 Motion for Summary Judgment filed by Commissioner of Social Security and REMANDING for Further proceedings Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DANIELLE WEBB, Plaintiff, vs. CIVIL NO.: 16-CV-11786-DT HON. ROBERT H. CLELAND COMMISSIONER OF SOCIAL SECURITY Defendant. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter is before the court on the parties’ cross motions for summary judgment. The case was referred to United States Magistrate Judge Patricia T. Morris pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on April 25, 2017 recommending that this court deny defendant’s motion for summary judgment, grant plaintiff’s motion for summary judgment and remand the case to the Commissioner for further proceedings. No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C); thus further appeal rights are waived.1 Having reviewed the file and the report, the court determines that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this order. 1 The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. See Thomas v. Arn, 474 U.S. 140,149 (1985). ORDER IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the defendant’s motion for summary judgment is DENIED, plaintiff’s motion for summary judgment is GRANTED and this matter is REMANDED for further proceedings. IT IS SO ORDERED. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: May 26, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, May 26, 2017, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522

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