McAlister v. Social Security, Commissioner of
ORDER Adopting 17 Report and Recommendation. Signed by District Judge Terrence G. Berg. (Chubb, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 13-12410
COMMISSIONER OF SOCIAL
HON. TERRENCE G. BERG
HON. DAVID R. GRAND
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the Court is Magistrate Judge David R. Grand’s Report and
Recommendation of July 9, 2014, (Dkt. 17) recommending that Defendant’s motion
for summary judgment be denied, that Plaintiff’s motion for summary judgment be
granted to the extent she seeks remand and denied to the extent she seeks reversal
and an award of benefits, and that the matter be remanded for further
consideration consistent with the Report and Recommendation.
The Court has reviewed the Magistrate Judge’s Report and Recommendation.
The law provides that either party may serve and file written objections “[w]ithin
fourteen days after being served with a copy” of the report and recommendations. 28
U.S.C. § 636(b)(1). The district court will make a “de novo determination of those
portions of the report . . . to which objection is made.” Id. Where, as here, neither
party objects to the report, the district court is not obligated to independently
review the record. See Thomas v. Arn, 474 U.S. 140, 149–52 (1985). The Court has
reviewed and will accept the Magistrate Judge’s Report and Recommendation of
July 9, 2014, (Dkt. 17) as the findings and conclusions of this court.
Accordingly, it is hereby ORDERED that Magistrate Judge Grand’s Report and
Recommendation of July 9, 2014, (Dkt. 17) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Defendant’s motion for summary judgment
(Dkt. 16) is DENIED and Plaintiff’s motion for summary judgment (Dkt. 11) is
GRANTED IN PART to the extent she requests remand and DENIED IN PART to
the extent she seeks reversal and automatic award of benefits.
It is FURTHER ORDERED that, under sentence four of 42 U.S.C. § 405(g), the
matter is REMANDED for further consideration consistent with the Report and
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: July 29, 2014
Certificate of Service
I hereby certify that this Order was electronically submitted on July 29, 2014, using the
CM/ECF system, which will send notification to each party.
By: s/A. Chubb
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