Staple v. Colvin

Filing 26

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

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION John S. Staple, Plaintiff, v. Case No. 16-cv-12648 Judith E. Levy United States District Judge Commissioner of Social Security, Defendant. Mag. Judge Stephanie Dawkins Davis ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE DAVIS’S REPORT AND RECOMMENDATION [25] ON THE CROSS-MOTIONS FOR SUMMARY JUDGMENT [20, 22] 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 grant/deny defendant’s motion for summary judgment (Dkt. 25), issued August 24, 2017. 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. 22) 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: September 13, 2017 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 September 13, 2017. s/Shawna Burns SHAWNA BURNS Case Manager  The 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).   1 2

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