Alam v. Comm'r of Soc. Sec.

Full title: BADRUL ALAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Oct 17, 2014

Case No. 13-cv-14480 (E.D. Mich. Oct. 17, 2014)

Opinion

Case No. 13-cv-14480

10-17-2014

BADRUL ALAM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Hon. Matthew F. Leitman

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #21), GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #19), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #20), AND REMANDING CASE FOR FURTHER PROCEEDINGS

On September 29, 2014, Magistrate Judge Charles Binder issued a Report and Recommendation ("R&R") recommending that the Court grant Plaintiff Badrul Alam's Motion for Summary Judgment (ECF #19), deny the Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF #20), and remand this matter for further proceedings in accordance with sentence four of 42 U.S.C. § 405(g). (See ECF #21.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See id. at 16-17, Pg. ID 376-377.)

Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); 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 R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's September 29, 2014, R&R (ECF #21) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's June 13, 2014, Motion for Summary Judgment (ECF #19) is GRANTED, that Defendant's June 25, 2014, Motion for Summary Judgment (ECF #20) is DENIED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings consistent with the direction and recommendation of the Magistrate Judge in the R&R.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE
Dated: October 17, 2014

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 17, 2014, by electronic means and/or ordinary mail.

s/Holly A. Monda

Case Manager

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