Clark v. SSA, Commissioner of

Filing 15

ORDER Adopting 14 Report And Recommendation, Denying 13 Motion for Summary Judgment filed by Commissioner of SSA, Granting 10 Motion for Summary Judgment filed by Chirece Joyce Clark and Remanding for Further Proceedings. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHIRECE JOYCE CLARK,,
Plaintiff,
vs.

CIVIL NO.: 16-CV-12167-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 Stephanie Dawkins
Davis pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge
issued her report on August 17, 2017 recommending that this court deny defendant’s
motion for summary judgment, grant in part 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 IN PART AND DENIED IN PART
and this matter is REMANDED for further proceedings.
IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: September 18, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 18, 2017, by electronic and/or ordinary mail.

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