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)

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

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