Babcock v. Commissioner of Social Security Administration

Filing 21

ORDER (1) Accepting the Report and Recommendation of the Magistrate Judge Dated December 13, 2017 (Dkt. 20 ), (2) Granting Plaintiff's Motion to Remand Pursuant to Sentence Four (Dkt. 17 ), and (3) Denying Defendant's Motion for Summary Judgment (Dkt. 18 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DONALD M. BABCOCK,
Plaintiff,
Case No. 17-cv-10828
v.
HON. MARK A. GOLDSMITH
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.
_________________________________/
ORDER (1) ACCEPTING THE REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE DATED DECEMBER 13, 2017 (Dkt. 20), (2) GRANTING
PLAINTIFF’S MOTION TO REMAND PURSUANT TO SENTENCE FOUR (Dkt. 17),
AND (3) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Dkt. 18)
This matter is presently before the Court on the Report and Recommendation (R&R) of
Magistrate Judge Elizabeth A. Stafford, issued on December 13, 2017 (Dkt. 20). In the R&R, the
Magistrate Judge recommends granting Plaintiff’s motion to remand pursuant to sentence four
(Dkt. 17), and denying Defendant’s motion for summary judgment (Dkt. 18). The parties have not
filed objections to the R&R, and the time to do so has expired. See Fed. R. Civ. P. 72(b)(2). The
Court has reviewed the R&R and concludes that the Magistrate Judge has reached the proper
conclusion for the proper reasons. Therefore, the Court accepts the R&R.
Accordingly, the Court grants Plaintiff’s motion, denies Defendant’s motion for summary
judgment, and remands the Commissioner’s decision for further consideration under sentence four
of 42 U.S.C. § 405(g).
SO ORDERED.
Dated: January 17, 2018
Detroit, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any
unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail
addresses disclosed on the Notice of Electronic Filing on January 17, 2018.
s/Karri Sandusky
Case Manager

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