Austin v. Commissioner of Social Security

Filing 31

OPINION AND ORDER Adopting 30 Report and Recommendation, Granting 28 Motion for Summary Judgment filed by Wanda L. Austin, Granting 27 Motion for Order filed by Wanda L. Austin, and Granting 29 Motion to Remand filed by Commissioner of Social Security. Signed by District Judge Stephanie Dawkins Davis. (THal)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WANDA L. AUSTIN,
v.

Case No. 17-14082

Plaintiff,

Stephanie Dawkins Davis
United States District Judge

COMMISSIONER OF SOCIAL
SECURITY,

Patricia T. Morris
United States Magistrate Judge

Defendant.
____________________________/
OPINION AND ORDER
ACCEPTING AND ADOPTING REPORT
AND RECOMMENDATION [ECF NO. 30]
GRANTING PLAINTIFF’S MOTION TO
EXTEND [ECF NO. 27], GRANTING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT [ECF NO. 28],
AND GRANTING DEFENDANT’S MOTION FOR REMAND [ECF NO. 29]
This matter is before the court on a Motion to Extend and a Motion for
Summary Judgment filed by Plaintiff Wanda Austin and a Motion for Remand
filed by Defendant, the Commissioner of Social Security. This court referred the
matter to Magistrate Judge Patricia Morris, who issued a Report and
Recommendation on April 21, 2021, recommending that the court grant the
Plaintiff’s Motions and grant the Defendant’s Motion to Remand. (ECF No. 30,
PageID.549).

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Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation, and the 14-day time period for filing objections has expired. See
28 Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). “[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 WL 3639070, at *1 (E.D. Mich.
Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court
therefore finds that the parties have waived further review of the Magistrate
Judge’s Report. Nonetheless, upon review of the parties’ briefing and the
Magistrate Judge’s Report and Recommendation, the court agrees with the
Magistrate Judge’s recommended disposition.
The court, therefore, ACCEPTS and ADOPTS Magistrate Judge Morris’
April 21, 2021 Report and Recommendation [ECF No. 30]. Consequently, the
court GRANTS Plaintiff’s Motion to Extend and Motion for Summary Judgment
[ECF Nos. 27, 28], and GRANTS the Defendant’s Motion for Remand [ECF. No.
29].
SO ORDERED.
Dated:

June 7, 2021

s/Stephanie Dawkins Davis
HON. STEPHANIE DAWKINS DAVIS
United States District Court Judge

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