DuVall v. Social Security

Filing 24

ORDER Adopting 23 Report and Recommendation, GRANTING 16 Motion for Summary Judgment filed by Janet Marie Duvall, DENYING 21 Motion for Summary Judgment filed by Commissioner of Social Security and REMANDING for further administrative proceedings. Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION (PORT HURON) JANET MARIE DUVALL, Plaintiff, vs. CIVIL NO.: 16-CV-11902-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 R. Steven Whalen pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on April 28, 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: June 30, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, June 30, 2017, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk (810) 292-6522

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