Byington v. Social Security

Filing 26

ORDER Adopting Magistrate Judge Davis's 25 Report and Recommendation on the Cross-Motions for Summary Judgment 20 , 23 - Signed by District Judge Judith E. Levy. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Deborah Ann Byington,
Plaintiff,
v.

Case No. 15-cv-10016
Hon. Judith E. Levy
Mag. Judge Stephanie Dawkins
Davis

Commissioner of Social Security,
Defendant.
________________________________/
ORDER ADOPTING MAGISTRATE JUDGE DAVIS’S REPORT
AND RECOMMENDATION [25] ON THE CROSS-MOTIONS FOR
SUMMARY JUDGMENT [20, 23]
This is a Social Security appeal. Before the Court is Magistrate
Judge Davis’s Report and Recommendation (Dkt. 25) recommending the
Court grant plaintiff’s motion for summary judgment (Dkt. 20) and
deny defendant’s motion for summary judgment (Dkt. 23), issued March
2, 2016. The parties were required to file specific written objections
within 14 days of service.

Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R.

72.1(d). No objections were filed. Accordingly, and on review of the
Report and Recommendation,

The Report and Recommendation (Dkt. 25) is ADOPTED;
Plaintiff’s motion for summary judgment (Dkt. 20) is GRANTED;
Defendant’s motion for summary judgment (Dkt. 23) is DENIED;
and
The findings of the Commissioner are REVERSED AND
REMANDED

for

proceedings

consistent

with

the

Report

and

Recommendation.1
IT IS SO ORDERED.
Dated: May 4, 2016
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on May 4, 2016.

s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

parties, by failing to object to the Report and Recommendation,
have waived any further right of appeal. United States v. Walters, 638
F.2d 947, 949-50 (6th Cir. 1981).  
2

1

 The