DuVall v. Social Security
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION (PORT HURON)
JANET MARIE DUVALL,
CIVIL NO.: 16-CV-11902-DT
HON. ROBERT H. CLELAND
COMMISSIONER OF SOCIAL
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.
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).
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.
Case Manager and Deputy Clerk
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