Opinion
Case No. 15-cv-10016
05-04-2016
Deborah Ann Byington, Plaintiff, v. 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 , 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.
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). --------
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