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)
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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