Scott v. Commissioner of Social Security

Filing 27

ORDER Adopting 25 Report and Recommendation, Granting 18 Motion for Summary Judgment filed by Brian Allen Scott,Denying 22 Motion for Summary Judgment filed by Commissioner of Social Security and Remanding case for further administrative proceedings Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION (PORT HURON)

BRIAN ALLEN SCOTT,
Plaintiff,
vs.

CIVIL NO.: 16-CV-11922-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 May 23, 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 proceeding under Sentence Four of 42
U.S.C. § 405(g). No objections have been filed pursuant to 28 U.S.C. §636(b)(1)(C);
thus further appeal rights are waived.1

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).

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.
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 29, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 29, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]