Houttekier v. Colvin

Filing 22

ORDER Adopting 21 Report and Recommendation, Granting 16 Motion for Summary Judgment filed by Denise K. Houttekier, Denying 19 Motion for Summary Judgment filed by Carolyn W. Colvin and Remanding for Further Administrative Proceedings. Signed by District Judge David M. Lawson. (SPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DENISE K. HOUTTEKIER, Plaintiff, Civil Case No: 16-13231 Honorable David M. Lawson Magistrate Judge David R. Grand v. ACTING COMMISSIONER CAROLYN W. COLVIN, Defendant. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS Presently before the Court is the report issued on June 12, 2017 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the defendant’s motion for summary judgment, grant in part the plaintiff’s motion for summary judgment, and remand the case for further proceedings. Although the magistrate judge’s report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt. #21] is ADOPTED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #19] is DENIED. It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #16] is GRANTED IN PART to the extent it seeks remand. The motion is denied in all other respects. It is further ORDERED that the matter is REMANDED to the Commission for further administrative proceedings. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: June 28, 2017 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 28, 2017. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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