Jozefiak v. Commissioner of Social Security

Filing 12

ORDER Adopting Report and Recommendation ADOPTS the Magistrate Judges May 22, 2018 report and recommendation (Dkt. 11), GRANTS IN PART Plaintiffs motion for summary judgment (Dkt. 8), and DENIES Defendants motion for summary judgment (Dkt. 9). This m atter will be remanded to the Defendant Commissioner under sentence four of 42 U.S.C. §405(g) for further proceedings in accordance with the Magistrate Judge's report and recommendation. Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHRISTOPHER JOZEFIAK,
Plaintiff,
Case No. 17-12713
v.
Hon. Marianne O. Battani
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Christopher Jozefiak brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Defendant Commissioner of Social Security denying
his application for disability insurance benefits under Title II of the Social Security Act,
42 U.S.C. § 401 et seq. The case was referred to Magistrate Judge David R. Grand
pursuant to 28 U.S.C. § 636(b)(1)(B) for review of the Commissioner’s decision.
The parties filed cross-motions for summary judgment. In a report and
recommendation ("R & R") dated May 22, 2018, the Magistrate Judge recommended
that the Court grant in part Plaintiff’s motion for summary judgment, deny Defendant’s
motion for summary judgment, and remand this matter to the Defendant Commissioner
under sentence four of 42 U.S.C. § 405(g). The Magistrate Judge also informed the
parties that any desired objections to the R & R were to be filed within 14 days of
service of the R & R, and that a party’s failure to file objections would operate to waive
any further right of appeal. (Dkt. 11, R & R at 12.)

Neither party has filed objections to the R & R. Because no objections have
been filed, the parties have waived their right to de novo review and appeal. Moreover,
having reviewed the R & R and the remainder of the record, this Court fully concurs in
the Magistrate Judge’s analysis and recommended disposition of this case.
Accordingly, the Court ADOPTS the Magistrate Judge’s May 22, 2018 report and
recommendation (Dkt. 11), GRANTS IN PART Plaintiff’s motion for summary judgment
(Dkt. 8), and DENIES Defendant’s motion for summary judgment (Dkt. 9). This matter
will be remanded to the Defendant Commissioner under sentence four of 42 U.S.C. §
405(g) for further proceedings in accordance with the Magistrate Judge's report and
recommendation.
IT IS SO ORDERED.
Date: September 24, 2018

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on September 24, 2018.
s/ Kay Doaks
Case Manager

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