King v. Commissioner of Social Security

Filing 22

ORDER Adopting 21 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DIANE R. KING,
v.

Plaintiff,

Case No. 16-13196

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

HON. TERRENCE G. BERG
HON. R. STEVEN WHALEN
/

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 21)
This matter is before the Court on Magistrate Judge R. Steven Whalen’s
August 29, 2017 Report and Recommendation (Dkt. 21), recommending that
Defendant’s Motion for Summary Judgment (Dkt. 19), be DENIED, and that
Plaintiff’s Motion for Summary Judgment (Dkt. 11) be GRANTED and remanding
the case for further administrative 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 a report and recommendation.
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 August 29, 2017
as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Whalen’s Report
and Recommendation of August 29, 2017 is ACCEPTED and ADOPTED.
SO ORDERED.
Dated: September 27, 2017

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

I hereby certify that this Order was electronically submitted on September
27, 2017, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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