Wolfe v. Social Security

Filing 17

ORDER Adopting 16 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RONALD WOLFE,
v.

Plaintiff,

Case No. 14-11397

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

HON. TERRENCE G. BERG
HON. ELIZABETH A. STAFFORD
/

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 16)
This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s
July 31, 2015 Report and Recommendation (Dkt. 16), recommending that Plaintiff’s
motion for summary judgment be GRANTED IN PART, that Defendant’s motion for
summary judgment be DENIED, and that this case be remanded to the
Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings.
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 will,

therefore, accept the Magistrate’s Report and Recommendation of July 31, 2015, as
this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report
and Recommendation of July 31, 2015 (Dkt. 16) is ACCEPTED and ADOPTED. It
is FURTHER ORDERED that Plaintiff’s motion for summary judgment (Dkt. 11)
is GRANTED IN PART, Defendant’s motion for summary judgment (Dkt. 14) is
DENIED, and that this case is REMANDED to the Commissioner under sentence
four of 42 U.S.C. § 405(g) for further proceedings.
SO ORDERED.
Dated: August 21, 2015

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically submitted on August 21,
2015, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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