Budzinski v. Comm'r of Soc. Sec.

Full title: JAMIE DAVID BUDZINSKI, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Mar 20, 2012

Case Number 11-10018 (E.D. Mich. Mar. 20, 2012)

Opinion

Case Number 11-10018

03-20-2012

JAMIE DAVID BUDZINSKI, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

DAVID M. LAWSON

Honorable David M. Lawson

Magistrate Judge Michael J. Hluchaniuk

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,

GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR

SUMMARY JUDGMENT AND PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT,

AND REMANDING CASE TO COMMISSIONER FOR FURTHER CONSIDERATION

Presently before the Court is the report issued on March 1, 2012 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant in part and deny in part both the defendant's motion for summary judgment and the plaintiff's motion for summary judgment, reverse in part the findings of the Commissioner, and remand the case for further consideration. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's Report and Recommendation [dkt. # 14] is ADOPTED.

It is further ORDERED that the defendant's motion for summary judgment [dkt. #12] is GRANTED IN PART AND DENIED IN PART.

It is further ORDERED that the plaintiffs' motion for summary judgment [dkt. #9] is GRANTED IN PART AND DENIED IN PART.

It is further ORDERED that the findings of the Commissioner are REVERSED IN PART and the case is REMANDED to the Commissioner for further consideration.

____________________________

DAVID M. LAWSON

United States District Judge

PROOF OF SERVICE I

The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 20, 2012.

Deborah R. Tofil

DEBORAH R. TOFIL