Laurain v. Social Security, Commissioner of

Filing 22

OPINION and ORDER re 21 REPORT AND RECOMMENDATION re 16 and 17 MOTIONS for Summary Judgment - Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GERALD D. LAURAIN, II,
Plaintiff,
v.

No. 17-13462
Honorable Nancy G. Edmunds

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
________________________________________/
ORDER AND OPINION ACCEPTING THE MAGISTRATE JUDGE’S JANUARY 3,
2019 REPORT AND RECOMMENDATION [21]
Currently before the Court is the magistrate judge’s January 3, 2019 report and
recommendation (Dkt. 21.). The magistrate judge recommends granting Plaintiff’s
motion for summary judgment, denying Defendant’s motion for summary judgment,
and remanding the case to the administrative law judge. The Court is fully advised in
the premises and has reviewed the record and the pleadings. Neither party has filed
objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court
from its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012
U.S. Dist. LEXIS 120541, at *2 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474
U.S. 140, 149 (1985)). The Court nevertheless agrees with the magistrate judge’s
recommendation. The Court therefore ACCEPTS and ADOPTS the magistrate
judge’s report and recommendation (Dkt. 21).
It is further ordered that Plaintiff’s motion for summary judgment (Dkt. 16) is
GRANTED; Defendant’s motion for summary judgment (Dkt. 17) is DENIED; the

decision of the Commissioner is REVERSED; and this matter is REMANDED to the
administrative law judge pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings consistent with the magistrate judge’s report and recommendation.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: February 6, 2019
I hereby certify that a copy of the foregoing document was served upon counsel of
record on February 6, 2019, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager